Tuesday, July 22, 2014

And the win in King v. Burwell - 4th Circuit

King v. Burwell, 4th Circuit, July 22, 2014
Fourth Circuit Rules in FAVOR of Government in Obamacare Subsidies Case

by Abbe Gluck //Balkinization

Making sure our readers keep up with this roller-coaster day in health reform land: The Fourth Circuit released its own opinion (3-0, with a strong concurrence from J. Davis) rejecting the subsidies challenge pending in that court right after the DC Circuit released its own opinion sustaining the same challenge there . The Fourth Circuit went with a straight Chevron argument, but indicated it thought the government had the better reading of the statutory text in any event. Judge Davis concurred specially to make the point that Chevron wasn't even necessary: that the statute clearly requires the subsidies on the federal exchanges

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