CAC In the News

July 28, 2014

Though the opinion deals directly with Virginia’s laws, the reasoning could apply to other states under the 4th Circuit’s jurisdiction, “including to states with bans that, as the majority noted, are similar to Virginia’s, including South Carolina, North Carolina, and West Virginia,” said Elizabeth Wydra of the Constitutional Accountability Center.

July 23, 2014

The D.C. Circuit's decision got basically everything wrong. It misunderstood the text, structure and purpose of the Affordable Care Act. The Justice Department has already indicated that it will ask the entire D.C. Circuit to review the Halbig v. Burwell decision, and when it does, it will no doubt reverse it.

July 23, 2014

Elizabeth Wydra of the Constitutional Accountability Center counters, "The argument frankly is made up out of whole cloth in an attempt to get rid of a law that political opponents do not like." No one, she says, "not the people who wrote the law in Congress, frankly not even the people who opposed it at the time it was enacted — no one understood the law" to forbid subsidies when the federal government, "acting in the shoes of the state," runs the exchange.

July 23, 2014

The Obama administration has said it will appeal the D.C. Circuit’s ruling to the full panel, which – thanks to Senate Democrats abolishing the filibuster – no longer has a Republican-appointed majority. But if the ruling were upheld, “It would certainly throw the Affordable Care Act, which has really started to hit its stride, into turmoil again,” said Doug Kendall, head of the liberal Constitutional Accountability Center. 

July 23, 2014

Elizabeth Wydra, chief counsel of the Constitutional Accountability Center, says the second ruling got it right, adding, "The available tax credits are essential to filling the Affordable Care Act's primary goals of assuring widespread coverage in the health care market and that Congress was fully aware of this when drafting the bill."