Of Kings to Come: The Future of Health Care Reform Still Remains in Federal Court
20 Employee Rights and Employment Policy Journal 133 (2016)
15 Pages Posted: 15 Aug 2020
Date Written: 2016
King v. Burwell was the Supreme Court’s third decision concerning the Affordable Care Act (ACA) in just four years, and yet ACA litigation is only just beginning. The statute itself, the way it was enacted, and the way it is being implemented, create a perfect storm for continued litigation. Such litigation will create uncertainty in ACA implementation, which will be compounded by the “ad hoc” implementation the ACA has received to date. As a consequence, the ACA, as implemented and experienced, is somewhat different from what Congress enacted.
Keywords: Affordable Care Act (ACA)
JEL Classification: K32
Suggested Citation: Suggested Citation