Supreme Court Could Kill ObamaCare In 36 States ... It will probably Be All Up to One Judge Again

The fate of ObamaCare may again come down to a single justice.

The Supreme Court on Friday agreed to hear a challenge to the legality of ObamaCare's premium subsidies in the 36 states with federally operated exchanges.

Accepting the case at this stage sends a signal that at least four justices — the number needed to grant a hearing — may be predisposed to invalidate the exchange subsidies in those states.

No justice who believed the federal exchange subsidies are legal would have had cause to step in now rather than letting the case play out in the lower courts, Nicholas Bagley, assistant professor of the University of Michigan Law School, wrote in a blog post.

Two federal appeals courts ruled differently this summer, but the ruling by a D.C. circuit panel vs. ObamaCare was set aside when the full circuit, with its tilt toward Democratic judges, decided to re-hear the case before year-end.

Four related cases are moving through the courts, including King v. Burwell, which justices agreed to hear.

It will probably come down to these two, Kennedy and Roberts

Conservative scholars called the federal subsidies' legality into question when they noted in 2010 that the law specifically authorized the premium tax credits for insurance bought via an exchange "established by the State."

Conservatives make two basic points: First, the wording is clear, and a law's clear text should matter. Second, they say that Congress wanted the threat of withholding subsidies to make states build their own exchanges.

Read the rest of the story HERE and view a related video below:

If you like what you see, please "Like" us on Facebook either here or here. Please follow us on Twitter here.