Opponents of the Affordable Care Act apparently will say anything to advance what one judge has called their “no-so-veiled attempt to gut” the statute. We’ve seen that in the substance of their legal challenges to the ACA, the latest of which include the claim that the statute, which was enacted to make health insurance affordable for all Americans, actually prohibits the very tax credits that make it affordable for so many people. And now we’re seeing that in their efforts to rush these challenges to the Supreme Court because that’s where they apparently think they have their best shot at a victory.
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“The potential significance of this was lost on me,” said Thomas Christina, speaking of the provisions in the Affordable Care Act allowing the federal government to establish health insurance Exchanges, “until I noticed something peculiar about the tax credit for people who fall in this 100% to 400% zone with respect to the federal poverty line.” Christina was speaking at the conservative American Enterprise Institute’s 2010 policy forum on possible legal vulnerabilities of the ACA.
On Wednesday, a three-judge panel of the United States Court of Appeals for the Sixth Circuit -- Jeffrey Sutton, Deborah Cook, and Martha Craig Daughtrey -- heard oral arguments in cases from four states (Kentucky, Michigan, Ohio, and Tennessee) in which lower court judges have struck down state bans on same-sex marriage and bans on the recognition of same-sex marriages legally entered into elsewhere. Th