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How the Supreme Court’s King v. Burwell Debacle Will End [Addendum added]

I have known for the last five weeks—since January 27, to be exact—that the Supreme Court will uphold the Administration’s interpretation of the federal-subsidies provisions in the ACA when it issues its decision in the infamous King v. Burwell case whose argument date at the Court is Wednesday.  I also have known since then that the opinion will be unanimous, or nearly so, and that Antonin Scalia is likely to write it but if not will join it.

I considered revealing this to AB readers earlier, but feared an F.B.I. inquiry into suspicions that I hacked into the computer system in Scalia’s chambers, so I hesitated.  But it’s now or never—Scalia will make his position clear at the argument, and then I will have lost my one chance, ever, for a career as a Vegas oddsmaker—and I think I can persuade the F.B.I. that I received my information not illegally but instead from a report recounting extensive, pointed comments Scalia made in open court on January 21, in a case that is not about the ACA but is, like King, about the methods the Court uses to interpret lengthy, highly complex federal statutes with multiple interconnecting sections and subsections whose purpose is to establish a cohesive policy.

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Michael Hiltzik: “‘If I had to guess, this case won’t go well for retirees,’ [U. Mich. law prof. Nicholas] Bagley writes.”

In an era in which corporations have been trying every possible stratagem to cut employee benefits (see our look at the Obamacare employer mandate earlier today), a new threat to retirement benefits has just arisen.

The source of the threat is the Supreme Court, which earlier this month agreed to rule on when or whether employers can unilaterally end retiree healthcare benefits, even when they’re negotiated as part of a union contract.

– The Supreme Court saddles up for an attack on retiree benefits, Michael Hiltzik, LA Times, May 12

The article, which explains the situation and includes the quote in the title of this post, links to Bagley’s post about the Supreme Court case at issue on his Bagley’s blog.  The blog is called The Incidental Economist, and is devoted to discussion of healthcare reform.

The case has already been decided, of course, 5-4, at the Court.  All that remains are the formalities: the briefing, argument, and the opinion written by Samuel Alito.

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