Supreme Court Justice Kennedy reportedly said there is a “serious constitutional problem” with the way the challengers read the Affordable Care Act.
If federal tax credits were only available to people living in states that did established their own insurance exchanges, Kennedy said, the federal government would effectively be coercing states to do so. However, he added that challengers may still win based on a plain reading of the law.
The challengers say the Affordable Care Act’s tax credits only apply to people living in states with their own exchanges-not in states where the feds are running exchanges. Read more at the Wall Street Journal.