…is going back to SCOTUS.
This makes the en bank ruling in DC pointless.
I’m guessing they’ll find that the subsidies aren’t legal. The question is whether or not they’ll strike down the whole law this time, because they’re a pretty fundamental part of it.
[Update a few minutes later]
Here’s an explainer from SCOTUSblog.
[Update a while later]
And here‘s Jonathan Adler’s take:
With this grant, the court has the opportunity to reaffirm the principle that the law is what Congress enacts, not what the administration or others wish Congress had enacted with the benefit of hindsight. Granting tax credits to those who need help purchasing health insurance may be a good idea, and may have bipartisan support, but the IRS lacks the authority to authorize such tax credits where Congress failed to do so. The PPACA only authorizes tax credits for the purchase of insurance on exchanges “established by the State.”
Yup. To grant an agency that kind of discretion would be a form of tyranny.
[Update a few minutes later]
Six potential effects of a ruling against HHS.