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March 24, 2014 5:29 PM Will D.C. Circuit Strike Down Obamacare Subsidies?

By Ed Kilgore

With all the attention on the Hobby Lobby case before SCOTUS tomorrow, let’s don’t forget a three-judge panel of the D.C. Court of Appeals will also hear an appeal tomorrow from a D.C. District ruling that the Affordable Care Act does indeed authorize “premium tax credits” (a.k.a. purchasing subsidies) for those who buy insurance policies from the federally-run exchanges operating in 34 states. (Here is some background on the case).

If the panel overturns the ruling, its work will almost certainly be reviewed by the full D.C. Circuit, and will probably then be taken up by SCOTUS. But there would be some serious yelling and screaming in the mean time, because an ultimately adverse decision would definitely and definitively screw up the purchasing exchange feature of the Affordable Care Act.

Ed Kilgore is a contributing writer to the Washington Monthly. He is managing editor for The Democratic Strategist and a senior fellow at the Progressive Policy Institute. Find him on Twitter: @ed_kilgore.

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