Read the Burwell oral argument transcript from March 4. There is an interesting segment from (roughly) pages 14 to 18 involving Breyer, Kennedy, Scalia, Sotomayor, and attorney Michael A. Carvin, on the consequences of holding the federal exchange invalid upon certain federalist principles. The elimination of subsidies to the non-participating states’ citizens would presumably have a coercive effect upon the states. I’ll post something more on all of this later. The decision is expected in June.
The Supreme Court’s February/March argument calendar includes the case of King v. Burwell on March 4. King centers on the issue of statutory authority for a federal health care exchange. For those who have used the exchange, received credits, or are otherwise impacted, it appears that another tax year has begun bearing the fruits of uncertainty.