December 11, 2014
Nicholas Bagley, J.D., assistant professor, Law School, lent his expertise for a recent New England Journal of Medicine "Perspective" article.
Bagley and colleagues from Boston University and Washington and Lee University School of Law, say the U.S. Supreme Court's surprise announcement that it would hear King v. Burwell has struck fear in the hearts of supporters of the Affordable Care Act.
They believe the case hinges on enigmatic statutory language that seems to link the amount of tax credits to a health plan purchased "through an Exchange established by the State." They also say the Court's decision to hear the case without a split between appellate courts suggests that at least four justices harbor serious doubts about the IRS rule's validity.