(WASHINGTON POST) A federal appeals court seemed skeptical Tuesday of the Obama administration’s position that it can give Obamacare subsidies to Americans regardless of what kind of exchange they are in, in a case that could threaten the fundamental deal underpinning the Affordable Care Act.
At least two judges on the three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia signaled that the plain language of the law works against President Obama and his legal team.
Those judges seemed inclined to think the law, passed in a byzantine procedure made necessary by then-Sen. Scott Brown’s surprise victory in 2010, is written poorly — but it’s not up to judges to save it.