With the Obama administration’s defeat in Burwell v. Hobby Lobby, all eyes now turn to further Obamacare challenges. Chief Justice John Roberts shockingly greenlit Obamacare itself by converting it into a tax from a stated penalty, but he has also shown a partial willingness to chip away at the law.
There are two more upcoming cases on Obamacare worth watching. We can only hope that such lawsuits are just the beginning when it comes to the implementation of a law with regulations stacking up to eight feet tall.
Halbig v. Burwell: This case seemingly turns on a technicality, but it could completely sink the workability of Obamacare itself. The law allows for federal subsidies for those who buy their care through state exchanges; if subsidies are unavailable, those people can claim exemption from Obamacare penalties for hardship reasons.
There is one major problem for the Obama administration: 34 states refused to start state healthcare exchanges, and the law makes no provision for subsidies for those who buy their coverage through the federal exchange. That means that millions of people who applied for coverage through the federal exchange could be left without subsidies, freeing them of Obamacare penalties and destroying the base upon which Obamacare is based.