Thomas P. Miller Expects a Flurry of Activity if SCOTUS Rules for Plaintiffs in King v. Burwell

The predictions of so-called "death spirals" in insurance markets in states on the federal exchange resulting from a Supreme Court decision in King v. Burwell for the plaintiffs may be overblown, according to Thomas P. Miller, JD, resident fellow at the American Enterprise Institute.

Although there will be changes in the marketplace if the Supreme Court decision makes residents in states using ineligible for subsidies, it won't be anything that is irreversible. Something will be done in the event of a decision favorable for King, whether it is the Obama administration reversing course or the state reviewing their options for exchanges.

"I think there will be a flurry of activity—after the first round of finger pointing and blame shifting in Congress—to actually being to work on something that neither side will have as their first choice but will end up being the compromise that they have to do because they don't have another alternative," Mr Miller said.
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