Last week, in Halbig v. Burwell, a divided panel of the U.S. Court of Appeals for the D.C. Circuit ruled that the Internal Revenue Service (IRS) lacked the statutory authority to provide health insurance subsidies for the millions of Americans who are subject to the Affordable Care Act’s (ACA’s) minimum coverage provision but live in states that did not establish their own health insurance “exchanges.” While professing regret over the “significant consequences” of their ruling “for the millions of individuals” who will lose their health insurance if the decision is ultimately upheld by the full D.C. Circuit and the Supreme Court, the court blamed Congress for having tied its hands.
- See more at: http://verdict.justia.com/2014/07/28/federal-appeals-courts-divide-obamacare-subsidies-textualism#sthash.fqaeCAcu.dpuf