Of Kings to Come: The Future of Health Care Reform Still Remains in Federal Court

Abstract

Jonathan H. Adler

King v. Burwell was the Supreme Court’s third decision concerning the Affordable Care Act (ACA) in just four years, and yet ACA litigation is only just beginning. The statute itself, the way it was enacted, and the way it is being implemented, create a perfect storm for continued litigation. Such litigation will create uncertainty in ACA implementation, which will be compounded by the “ad hoc” implementation the ACA has received to date. As a consequence, the ACA, as implemented and experienced, is somewhat different from what Congress enacted.