Supporters of ObamaCare think they’ve found a fatal flaw in the GOP-led legal challenge to the healthcare law at the Supreme Court.
Legal experts in favor of the Affordable Care Act say new information unearthed about the plaintiffs in King v. Burwell could derail the case before the justices have a chance to rule.
“The case made by the [Affordable Care Act]’s opponents is unraveling around them,” Brianne Good and Joey Meyer, legal experts from the progressive group Constitutional Accountability Center, wrote in a blog this week.
The standing of the four plaintiffs in the case has come under intense media scrutiny, with at least three of the challengers now facing claims they are not personally harmed by the law and therefore do not have standing to sue.
A problem with standing could be trouble for the plaintiffs and the conservative groups leading the lawsuit, including the Competitive Enterprise Institute, which is funding the lawsuit.
Sam Kazman, general counsel for the Competitive Enterprise Institute, said he is “confident of the standing of our plaintiffs.” He added that the government has twice tried to challenge their standing and lost.