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Twist in Obamacare Supreme Court case: Weak plaintiffs
New revelations about the four plaintiffs fighting President Barack Obama’s health care law may dramatically shift the course of the case Wednesday, when the Supreme Court will hear both sides present their arguments for the first time.
In recent weeks, media reports have raised questions about whether the four men and women from Virginia who were recruited by a libertarian think tank to challenge the law have the right to do so. The plaintiffs’ shaky footing could prove a mark against them on Wednesday — if any of the justices decide to pursue it.
Petitioners must show they are suffering direct harm from a law in order to sue, which is referred to as standing. In this case, all four plaintiffs said the federal subsidies available to them from Obamacare pushed them over the law’s income threshold and forced them to buy health insurance or pay a penalty. They want those subsidies struck down, based on their literal interpretation of the Affordable Care Act, which suggests tax credits should have gone only to people who live in states that set up their own health care exchanges.
But two of the plaintiffs, David King and Douglas Hurst, are Vietnam veterans, which means it’s likely they qualify for insurance through the Department of Veterans Affairs and would thus not be required to buy insurance on the exchange, The Wall Street Journal recently reported. A third, Rose Luck, listed a motel as her permanent address in court papers and no longer lives there, raising questions about whether she’s in the same economic and geographic circumstances that she was when she decided to sue. And it’s possible that the fourth plaintiff, Brenda Levy, may actually qualify for the income exemption under the health care law, which would mean she does not have to purchase insurance and is not harmed by subsidies.
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New revelations about the four plaintiffs fighting President Barack Obama’s health care law may dramatically shift the course of the case Wednesday, when the Supreme Court will hear both sides present their arguments for the first time.
In recent weeks, media reports have raised questions about whether the four men and women from Virginia who were recruited by a libertarian think tank to challenge the law have the right to do so. The plaintiffs’ shaky footing could prove a mark against them on Wednesday — if any of the justices decide to pursue it.
Petitioners must show they are suffering direct harm from a law in order to sue, which is referred to as standing. In this case, all four plaintiffs said the federal subsidies available to them from Obamacare pushed them over the law’s income threshold and forced them to buy health insurance or pay a penalty. They want those subsidies struck down, based on their literal interpretation of the Affordable Care Act, which suggests tax credits should have gone only to people who live in states that set up their own health care exchanges.
But two of the plaintiffs, David King and Douglas Hurst, are Vietnam veterans, which means it’s likely they qualify for insurance through the Department of Veterans Affairs and would thus not be required to buy insurance on the exchange, The Wall Street Journal recently reported. A third, Rose Luck, listed a motel as her permanent address in court papers and no longer lives there, raising questions about whether she’s in the same economic and geographic circumstances that she was when she decided to sue. And it’s possible that the fourth plaintiff, Brenda Levy, may actually qualify for the income exemption under the health care law, which would mean she does not have to purchase insurance and is not harmed by subsidies.
To read the whole article click on link
