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Wednesday, March 4, 2015

Health Care Reform Articles - March 4, 2015

Solicitor General Will Try, Again, to Keep Health Care Law Alive

WASHINGTON — Three years ago this month, Solicitor General Donald B. Verrilli Jr. stood before the Supreme Court to defend President Obama’s health care lawagainst a constitutional challenge that threatened to destroy its central provision. His oral argument drew harsh reviews, but in the end he managed to persuade five justices to accept his backup argument, saving the law.
Mr. Verrilli will return to the lectern on Wednesday morning to defend the law once again, and he has reason to be nervous. In 2012, four members of the court — Justices Antonin Scalia, Anthony M. Kennedy, Clarence Thomas and Samuel A. Alito Jr. – were ready to strike down the entire law, as they made clear in a bitter joint dissent.
It is certainly possible that Chief Justice John G. Roberts Jr. will again desert his usual allies to vote to save the law. But that is hardly a certainty.
Mr. Verrilli will again face Michael A. Carvin, who represented the plaintiffs last time. Mr. Carvin will argue that the law forbids the federal government from providing tax subsidies to help people buy insurance in the three dozen states that have refused to establish their own insurance marketplaces, known as exchanges.

A Supreme Court Rematch for a Lawyer Targeting the Health Care Act

The Supreme Court Has the Power to Deepen a National Health Divide

Hard Cases

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The great Supreme Court cases turn on the majestic ambiguities embedded in the Constitution. It is not a simple thing to define and apply terms like “the freedom of speech,” or “equal protection of the laws,” much less explain how much process is “due.” Still, the Justices, in their best moments, have explicated these terms in ways that ennobled the lives of millions. This week, the Court will hear arguments in a momentous case, King v. Burwell, a challenge to a central feature of the Affordable Care Act. But, in contrast to other landmarks in Supreme Court history, the King case is notable mostly for the cynicism at its heart. Instead of grandeur, there is a smallness about this lawsuit in every way except in the stakes riding on its outcome.

A Polarized Court, Weighing a Reversal of the Safety Net

Lawyer Put Health Act in Peril by Pointing Out 4 Little Words

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