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Photo of Employment Law Observer Joel D. Bertocchi
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jbertocchi@hinshawlaw.com
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Joel Bertocchi is an experienced civil, criminal and appellate litigator. He has served as the Solicitor General of Illinois and as an Assistant U.S …

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Of Interest: U.S. Supreme Court Saves Obamacare a Second Time

Note: Though the Supreme Court's decision in King v. Burwell (issued today) does not directly implicate an employment issue, the opinion is quite significant and likely of interest to many employers who have been following the developments of the Affordable Care Act. Thus, we share a summary of the opinion addressing the latest challenge to the ACA prepared by our colleagues in Hinshaw's national Appellate Practice Group.

By a 6-3 margin, the Supreme Court has ruled in King v. Burwell that the provision in the Affordable Care Act (also known as "Obamacare") that offered tax credits to people who purchase health insurance on a health insurance exchange created under the ACA applied whether or not the exchange was established by a State or by the federal government. In doing so the Court saved the ACA from the consequences of what was largely thought to be a "scrivener's error," that is, a drafting mistake in a bill that was nearly 1,000 pages long. More ›