The U.S. Supreme Court has agreed to review a case challenging the legality of federal subsidies provided under the Affordable Care Act.
The Court issued the order Nov. 7, granting the plaintiffs in King v. Burwell a review of the case. The plaintiffs assert that under the ACA, only state marketplaces can issue subsidies to eligible patients.
In July, the Fourth Circuit Court of Appeals ruled against the plaintiffs, upholding the government’s ability to provide subsidies to eligible patients who purchase insurance through the 36 federally facilitated health care marketplaces.
On the same day, a limited panel of judges on the District of Columbia Circuit of the U.S. Court of Appeals ruled that the federal marketplace subsidies were not legal in a similar challenge, Halbig v. Burwell.
The government appealed, seeking a full review, which was granted in September. All 17 D.C. Circuit judges will review the case on Dec. 17.
The Supreme Court is not likely to hear King v. Burwell before that date.
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