Rule of Law

Friends of Court Draw Battle Lines Ahead of Health Care Arguments

By Marcia Coyle

 

Like armies mustering their best weapons, supporters and opponents of the Affordable Care Act once again have turned out at the U.S. Supreme Court to battle over a critical element of that health insurance law.

 

Fifty-two amicus briefs—21 supporting the challengers and 31 backing the Obama administration—are on record in King v. Halbig, which the justices will hear on March 4. The political, economic and social stakes are huge. If the challengers prevail, the law itself, enacted in 2010, could collapse.

 

 

On the challengers’ side, conservative-libertarian legal and political organizations dominate. Also supporting that side are six states, a number of legal scholars and 15 Republican members of Congress. On the other side are national health, insurance, hospital, education and labor organizations; Nobel economists; 22 states; nearly 100 state legislators; and U.S. House and Senate Democratic leaders.

 

 

House-Senate Democratic leaders and 100 state legislators

 

These include Democratic leaders involved in drafting the ACA and state lawmakers who debated whether to establish state exchanges. They point to evidence in the legislative record; reports by the Congressional Budget Office; and statements by the Joint Committee on Taxation, U.S. Rep. Paul Ryan (R-Wis.) and other members of Congress indicating that they all understood that subsidies would be available on state or federal exchanges. Elizabeth Wydra of the Constitutional Accountability Center is counsel of record.

More from Rule of Law

Rule of Law
May 16, 2025

CAC Release: At the D.C. Circuit, Everyone Agrees that the Constitution Does Not Permit the President to Unilaterally Shutter the CFPB

WASHINGTON, DC – Following oral argument at the U.S. Court of Appeals for the District...
Rule of Law
May 16, 2025

CAC Release: Skepticism About Trump Administration’s Power Grab at Labor Rights Agencies at D.C. Circuit Argument This Morning

WASHINGTON, DC – Following oral argument at the U.S. Court of Appeals for the District...
Rule of Law
U.S. District Court for the District of Maryland

J. Doe 4 v. Musk

In J. Doe 4 v. Musk, the United States District Court for the District of Maryland is considering whether Elon Musk’s role in DOGE violates the Appointments Clause and the Constitution’s separation of powers.
Rule of Law
May 9, 2025

Dodd-Frank Authors Join Warren, Waters to Challenge CFPB Firings

Bloomberg Law
Top Democrats, Dodd-Frank namesakes cite separation of powers Amicus brief highlights CFPB’s 2008 financial crisis...
Rule of Law
U.S. Court of Appeals for the District of Columbia Circuit

National Treasury Employees Union v. Vought

In National Treasury Employees Union v. Vought, the United States Court of Appeals for the District of Columbia is considering whether the Trump administration’s efforts to unilaterally shut down the Consumer Financial Protection Bureau are...
Rule of Law
U.S. District Court for the Northern District of California

American Federation of Government Employees, AFL-CIO v. Trump

In American Federation of Government Employees, AFL-CIO v. Trump, the United States District Court for the Northern District of California is considering whether the Trump administration’s efforts to unilaterally reorganize the federal government are constitutional...