King v. Burwell: With Decision Imminent It’s Still Anybody’s Guess How Court Will Decide

As the Supreme Court decision on subsidies looms, many are wondering:  which way is the court leaning?  Most experts agree it’s way too close to a call.

Wondering where things stand as we wait for the high court to announce its decision?

Here’s a good, plain speaking synopsis of why it’s too close to call.  It was reported by Amy Howe at SCOTUS Blog back in March right after the case was argued before the Supreme Court:

Between the near-complete radio silence from the Chief Justice and the sometimes conflicting questions from Justice Kennedy, the case is a tough call.  Overall, the government can probably be cautiously optimistic (but only cautiously), because on net Kennedy’s concerns about the potentially coercive effect of the challengers’ rule seemed to outweigh his qualms about the government’s reading of the statute.  And even if Kennedy does not swing his support to the government in the end, the Chief Justice might remain in play, as he was during the 2012 battle over the individual mandate.  But we probably won’t know until the Court issues its decision later this year; when it does, we’ll be back to explain it all in Plain English.”

To read the entire Will concern for states’ rights win out in subsidies battle? Today’s argument in Plain English article go to:


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