On Sept. 4, the full U.S. Court of Appeals for the District of Columbia announced it will rehear Halbig v. Burwell, one of the two cases with conflicting results on whether Affordable Care Act (ACA) subsidies are available to individuals who purchase insurance through partnership or federally facilitated marketplaces (exchanges). In July, a three-judge panel of the court held that subsidies are only available to those who purchase insurance through state-based marketplaces. Following this decision, the administration noted its intention to appeal to the full court.
Also this week, the administration received a 30-day extension to file its answer in the Supreme Court to a challenge brought by the plaintiffs in the King v. Burwell case. Also in July, on the same day the D.C. Circuit decided the Halbig case, the U.S. Court of Appeals for the 4th Circuit ruled in King v. Burwell that ACA subsidies are available to consumers purchasing insurance through partnership or federally facilitated marketplaces. On July 31, the plaintiffs in King v. Burwell filed a petition contesting the 4th Circuit decision and asking the Supreme Court to consider this case.
Oral arguments for the Halbig case are set to begin Dec. 3. Please contact Xiaoyi Huang, JD, director of policy, at firstname.lastname@example.org or 202.585.0127, with questions.