CAC Attorney Reacts to Argument in Fourth Circuit ACA Case King v. Sebelius

Washington, DC – Constitutional Accountability Center’s Senior Counsel Simon Lazarus was in the court for the Fourth Circuit’s oral argument in King v. Sebelius, the latest legal challenge to the Affordable Care Act, heard in the U.S. Court of Appeals for the Fourth Circuit in Richmond, VA. Mr. Lazarus issued the following reaction to the proceedings:

“The ACA’s challengers had a tough time before the three-judge panel of the Fourth Circuit this morning. The judges showed no sign of questioning Justice Department lawyer Stuart Delery’s contention that the text and structure of the ACA showed Congress’ intent that tax credits and subsidies should be available to all Americans in all states, whether their exchanges are run by the Federal government or the state.

While Judge Thacker remained largely silent, Judges Davis and Gregory asked a series of questions that indicated deep skepticism of the case presented by attorney Michael Carvin, representing the challengers. Judge Davis framed Carvin’s argument in devastating fashion, in paraphrase: “You want us to kick millions of people off health insurance so a few people can save a small amount of money.” The court clearly had serious concerns about the implications of this last-ditch effort to kill the ACA.”

#

More from

Access to Justice
June 3, 2026

How to Get Neil Gorsuch to Stand Up For Workers

Slate
CAC Legal Fellow Harith wrote an article in Slate explaining how progressive advocates can appeal to...
By: Harith Khawaja
Voting Rights and Democracy
June 3, 2026

How Congress Can Pass a New Voting Rights Act Despite the Supreme Court

Slate
Director of the Human Rights, Civil Rights & Citizenship David H. Gans wrote an article in...
By: Elizabeth B. Wydra
Rule of Law
May 28, 2026

Congressional Democrats argue in filing that White House ballroom construction shouldn’t proceed without Congress’ consent

CBS News
CAC's brief on behalf of Members of Congress opposing construction on Trump's unconstitutional ballroom were...
Rule of Law
U.S. Court of Appeals for the District of Columbia Circuit

National Trust for Historic Preservation v. National Park Service

In National Trust for Historic Preservation v. National Park Service, the U.S. Court of Appeals for the D.C. Circuit is considering whether President Trump can unilaterally demolish the White House’s East Wing and build a...
Access to Justice
May 28, 2026

CAC Release: A Victory for Text, History, and Delivery Workers in Flowers Foods v. Brock

WASHINGTON, DC – Following today’s decision at the Supreme Court in Flowers Foods v. Brock,...
Criminal Law
May 28, 2026

CAC Release: Supreme Court Recognizes Clear Pathway to Habeas Relief in Mississippi Jury Race-Discrimination Case

WASHINGTON, DC – Following today’s decision at the Supreme Court in Pitchford v. Cain, a...