August 2, 2014

UNSURPRISING: Obama administration asks full D.C. Circuit to revisit Halbig decision.

On Friday, the Obama administration asked the full U.S. Court of Appeals for the D.C. Circuit to rehear a case concerning the health care law’s subsidies to federal exchanges, after a panel on the court sided with challengers last month.

At issue in the case, Halbig v. Burwell, are the subsidies that the federal government provides for individuals purchasing insurance through Obamacare. Though the text of the law says the subsidies were to go to individuals obtaining insurance through an “exchange established by the state,” a rule released by the Internal Revenue Service subsequently instructed that subsidies would also apply to exchanges set up on behalf of states by the federal government.

A good chance this won’t be the final stop.