King v. Burwell: The Supreme Court's Missed Opportunity to Cure What Ails Chevron

36 Pages Posted: 8 Feb 2016

See all articles by Vanessa Johnson

Vanessa Johnson

University of Houston - Clear Lake

Marisa Finley

Baylor Scott & White Health

J. Rohack

Baylor Scott & White Health

Date Written: January 27, 2016

Abstract

The article outlines the construct of the ACA’s premium assistance tax credits, explores the legal controversies surrounding these subsidies, uses the tax subsidies cases to demonstrate the flaws in the Chevron framework, and argues that the Supreme Court should have framed its King v. Burwell analysis in a way that would have cured, rather than ignored, the ails of Chevron.

Suggested Citation

Johnson, Vanessa and Finley, Marisa and Rohack, J., King v. Burwell: The Supreme Court's Missed Opportunity to Cure What Ails Chevron (January 27, 2016). Journal of Legislation, Vol. 42, No. 2, 2016. Available at SSRN: https://ssrn.com/abstract=2729000

Vanessa Johnson (Contact Author)

University of Houston - Clear Lake ( email )

2700 Bay Area Blvd. Box 42
Houston, TX 77058
United States
2815070787 (Phone)

Marisa Finley

Baylor Scott & White Health ( email )

2401 S 31st Street
Temple, TX 76508
United States

J. Rohack

Baylor Scott & White Health ( email )

2401 S 31st Street
Temple, TX 76508
United States

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