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Saving Obamacare From SCOTUS

By Dylan Scott, Talking Points Memo - December 12, 2014

The fate of Obamacare will again be in the hands of the U.S. Supreme Court next year -- and if the conservative justices rule to invalidate tax credits offered through the federal HealthCare.gov, dealing a punishing blow to the law, it isn't at all clear that the White House will have the legal and practical leeway to save it.

 

That was the conclusion of three academics in a new analysis published in the New England Journal of Medicine which outlined the challenges that the Obama administration would face in that worst-case Supreme Court scenario. The most obvious solution to an adverse Supreme Court ruling is to turn every exchange into a state exchange, allowing the law's tax credits to flow again -- but how easy will it be for the administration to do that?

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