Ruling Against Obamacare to Get a Second Look

Halbig v. Burwell

The Appeals Court for the District of Columbia announced Thursday that it would re-hear en banc, meaning the entire panel of 11 judges will weigh in on the case. There will also be two senior judges who hear the case, but do not vote.

Halbig

The D.C. Circuit Court previously ruled against the Affordable Care Act in its initial decision. It found that Obamacare subsidies were illegal in the 36 states where the federal government was running the health insurance exchange.

The en banc review has potential to be a big win for Obamacare because it opens up the possibility of the DC Circuit Court reversing its decision. The Fourth Circuit already ruled for Obamacare in a separate, Halbig-like case. If the en banc DC Circuit ruling also rules for the government, that would bring the two appellate courts into agreement on the subsidies’ legality.

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Source: Vox