Obamacare opponents have been on a losing streak in federal courts over the past year, suffering setbacks as judges have ruled against them on challenges to the health care law’s constitutionality and efforts to carve out protections from its birth control rules on faith-based employers.
The opponents — chiefly Republicans and their allies — hope for a reversal of fortune next month when the Supreme Court decides a major case on Obamacare’s subsidies.
The 2010 law spawned an entire line of litigation that has reached the Supreme Court three times and gone through myriad appeals courts. Until recently, rulings could be predicted reliably based on whether the judges were appointed by Democrats or Republicans.
Until a year ago, Democratic appointees ruled in favor of Obamacare more than 90 percent of the time, while Republican appointees ruled against the law nearly 80 percent of the time, according to a Washington Times review of substantive federal appellate opinions on the Affordable Care Act.