In short, the Administration’s interpretation of the pertinent provisions of the ACA and the IRC fits the ACA’s design and avoids the sort of self-defeating scenario the Court ruled out in King. The Administration has more than ample reason for confidence that its decision to fund the cost-sharing reduction subsidies, essential to enable the ACA to work as intended, will be validated when this latest legal challenge finishes its odyssey through the federal courts.
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The Roberts Court issued its final decisions of the Term on June 27, including blockbuster rulings in McDonnell v. United States and Whole Woman’s Health v. Hellerstedt, but quietly wrapped up its business docket in mid-June, handing the Chamber of Commerce an 8-4 winning record for the current Term (67%) – up from 62% last Term. Overall, the Chamber has a 69% success rate during Chief Justice Roberts’s tenure to date, compared to 56% during the stable Rehnquist Court and 43% during the late Burger Court.