- Andy Adams
DC Circuit Court Vacates Halbig Decision
As we noted here, the DC Circuit has vacated its panel decision deciding the ACA shoud be enforced as it reads to NOT allow subsidies sold outside of state health exchanges (i.e., through the federal exchange). This was a huge holding, but the odds were stacked against its survival within the more liberal DC Circuit. Opponents of the ACA were hoping that the panel decision would hold and sustain a split in the Circuit Court which might fast track another Supreme Court ruling.
Assuming the en banc comes to a different decision, we will have no split in the circuits making a SCOTUS review less compelling.
To quote Samuel L. Jackson in Jurassic Park - "Hold on to your butts!" The ACA is not going anywhere anytime soon.