On Demand

King v. Burwell: SCOTUScare & Beyond


Created on August 14, 2015




On June 25, 2015, the Supreme Court announced its ruling in King v. Burwell. At issue was whether individuals who purchase insurance on a federal exchange, rather than a state exchange, are legally able to receive subsidies within the language of the Affordable Care Act. In a 6-3 decision, the Court sided with the Obama administration and upheld the Internal Revenue Service's interpretation of the law that allows all eligible individuals to receive subsidies, no matter where they live. Once again, the ACA overcame a significant legal challenge.


Although this decision maintained the status quo for individuals receiving subsidies, its implications are broad. Stuart Gerson, an established and experienced attorney and a Member of Epstein Becker Green, discusses the legal, political, and practical consequences of the case, and the future of the healthcare landscape and the ACA.


Learning Objectives:

I.     Understand the King v. Burwell decision and rationale

II.    Analyze the consequences of the majority opinion for statutory interpretation and administrative law

III.   Explore potential developments in the exchanges, Medicaid expansion, and the 2016 election 

IV.   Assess considerations for employers and healthcare stakeholders

V.    Identify future legal challenges to the ACA

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