The Supreme Court will hear from counsel for the parties in King v. Burwell on March 4, a week from Wednesday. I have some thoughts. I want to start by sharing the issue, as the Court formulated it:
Whether the Internal Revenue Service may permissibly promulgate regulations to extend tax-credit subsidies to coverage purchased through exchanges established by the federal government under Section 1321 of the Patient Protection and Affordable Care Act.
Note what issues are not before the Court: Obamacare is bad; Obamacare costs me money; But freedom; etc. If process matters, the narrow question before the Court involves the right of the IRS, as the agency charged with administering the subsidies, to interpret the statute as it