King v. Burwell
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-114 | 4th Cir. | Mar 4, 2015 | Jun 25, 2015 | 6-3 | Roberts | OT 2014 |
Holding: The Patient Protection and Affordable Care Act Section 36B's tax credits are available to individuals who purchase health insurance on an exchange created by the federal government.
Judgment: Affirmed, 6-3, in an opinion by Chief Justice Roberts on June 25, 2015. Justice Scalia filed a dissenting opinion, in which Justices Thomas and Alito joined.
SCOTUSblog Coverage
- Symposium: Defining deference down (Adam White, June 26, 2015)
- Symposium: Congress has a plan and the Court can understand it The Court rises to the challenge of statutory complexity in King v. Burwell (Abbe R. Gluck, June 26, 2015)
- Symposium: Six Humpty Dumptys playing Calvinball (Michael F. Cannon, June 26, 2015)
- Symposium: Words still have meaning (Nicholas Bagley, June 26, 2015)
- Symposium: Bypassing separation of powers to fix sloppy laws (Elizabeth Price Foley and David Rivkin, June 25, 2015)
- Opinion analysis: Saving the subsidies, saving the health care law (Lyle Denniston, June 25, 2015)
- Court backs Obama administration on health-care subsidies: In Plain English (Amy Howe, June 25, 2015)
- Symposium: A decisive SCOTUS victory for the ACA that may bring an end to endless ACA litigation (Timothy Jost, June 25, 2015)
- Symposium: However King was decided, the future of American health care was going to come down to 2016 (Randy Barnett, June 25, 2015)
- Symposium: The ACA is here to stay (Brianne Gorod, June 25, 2015)
- A view from the Courtroom: Barbs and backslaps in two big cases (Mark Walsh, June 25, 2015)
- Symposium: The magical powers of statutory context (Thomas Fisher, June 25, 2015)
- Symposium: Economics beats formalism (Einer Elhauge, June 25, 2015)
- Will concern for states rights win out in subsidies battle? Todays argument in Plain English (Amy Howe, March 4, 2015)
- Argument analysis: Setting up the private debate on the ACA (Lyle Denniston, March 4, 2015)
- King v. Burwell updates: Kennedy concerned about consequences (Eric Citron, March 4, 2015)
- Continued updates on oral arguments in King v. Burwell (Last update 11:33) (Tejinder Singh, March 4, 2015)
- Mid-argument updates: King v. Burwell (Latest update: 11:06) (Eric Citron, March 4, 2015)
- Argument preview: Now, the third leg of the health-care stool (Lyle Denniston, March 1, 2015)
- U.S.: It has no fix if Court nullifies health care subsidies (Lyle Denniston, February 24, 2015)
- Justices to weigh subsidies for health insurance: In Plain English (Amy Howe, February 23, 2015)
- SCOTUS for law students: Interpreting statutes (Stephen Wermiel, February 18, 2015)
- D.C. Circuit steps aside on health care dispute (Lyle Denniston, November 12, 2014)
- Symposium: King v. Burwell and the plain meaning rule (Michael Rosman, November 11, 2014)
- Symposium: Seven myths about King v. Burwell (Michael F. Cannon, November 10, 2014)
- Symposium: King v. Burwell a simple case (Patrick Wyrick, November 10, 2014)
- Symposium: King v. Burwell getting it right (as in correct) (Robert Weiner, November 10, 2014)
- Symposium: Its way too soon for ACA opponents to celebrate (Brianne Gorod, November 10, 2014)
- Symposium: A welcome grant for a straightforward statutory case (Jonathan Adler, November 10, 2014)
- Delay sought on health care at appeals court (Lyle Denniston, November 10, 2014)
- Symposium: The grant in King - Obamacare subsidies as textualisms big test (Abbe R. Gluck, November 7, 2014)
- Symposium: The Court will hear King. Thats bad news for the ACA. (Updated: 1:25 p.m. Nov. 10) (Nicholas Bagley, November 7, 2014)
- Court to rule on health care subsidies (Lyle Denniston, November 7, 2014)
- Silence, and speculation, on health care (UPDATED) (Lyle Denniston, November 3, 2014)
- Health care subsidy challengers see dire problems soon (Lyle Denniston, October 14, 2014)
- Full D.C. Circuit will rule on health care subsidies (Lyle Denniston, September 4, 2014)
- Delay on health care subsidies case (Lyle Denniston, September 2, 2014)
- A plea to leave fate of health care subsidies to the Court (UPDATED) (Lyle Denniston, August 18, 2014)
- Pressing for speed on health care subsidies (Lyle Denniston, August 6, 2014)
- Commentary: The fate of the Obamacare subsidies in the Supreme Court (Tom Goldstein, July 23, 2014)
| Date | Proceedings and Orders |
|---|---|
| 07/31/2014 | Petition for a writ of certiorari filed. (Response due September 3, 2014) |
| 09/02/2014 | Order extending time to file response to petition to and including October 3, 2014. |
| 09/03/2014 | Brief amici curiae of Senators John Cornyn, et al. filed. |
| 09/03/2014 | Brief amici curiae of Missouri Liberty Project, et al. filed. |
| 09/03/2014 | Brief amici curiae of Citizens' Council for Health Freedom, et al. filed. |
| 09/03/2014 | Brief amici curiae of The States of Oklahoma, et al. filed. |
| 09/03/2014 | Brief amici curiae of Pacific Research Institute, et al. filed. |
| 10/03/2014 | Brief of respondents Sylvia Burwell, Secretary of Health and Human Services, et al. in opposition filed. |
| 10/14/2014 | Reply of petitioners David King, Douglas Hurst, Brenda Levy, and Rose Luck filed. (Distributed) |
| 10/15/2014 | DISTRIBUTED for Conference of October 31, 2014. |
| 11/03/2014 | DISTRIBUTED for Conference of November 7, 2014. |
| 11/07/2014 | Petition GRANTED. |
| 11/18/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| 12/19/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents Sylvia Burwell, et al. |
| 12/22/2014 | SET FOR ARGUMENT ON Wednesday, March 4, 2015 |
| 12/22/2014 | Joint appendix filed. (Statement of costs filed.) |
| 12/22/2014 | Brief of petitioners David King, Douglas Hurst, Brenda Levy, and Rose Luck filed. |
| 12/22/2014 | Record requested from U.S.C.A. 4th Circuit. |
| 12/23/2014 | Brief amici curiae of Texas Black Americans for Life, et al., filed. |
| 12/24/2014 | Brief amicus curiae of Judicial Watch, Inc. filed. |
| 12/26/2014 | Brief amicus curiae of Joseph R. Evanns filed. |
| 12/29/2014 | Brief amicus curiae of American Center for Law and Justice filed. |
| 12/29/2014 | Brief amicus curiae of Consumers' Research filed. |
| 12/29/2014 | Brief amici curiae of Galen Institute and State Legislators filed. |
| 12/29/2014 | Brief amici curiae of Indiana and 39 Indiana Public School Corporations filed. |
| 12/29/2014 | Brief amici curiae of Virginia State Delegates Mark Berg, et al. filed. |
| 12/29/2014 | Brief amici curiae of Administrative & Constitutional Law Professors filed. |
| 12/29/2014 | Brief amicus curiae of Mountain States Legal Foundation filed. |
| 12/29/2014 | Brief amici curiae of Pacific Research Institute, et al. filed. |
| 12/29/2014 | Brief amici curiae of Jonathan H. Adler and Michael F. Cannon filed. |
| 12/29/2014 | Brief amici curiae of Oklahoma, et al. filed. |
| 12/29/2014 | Brief amici curiae of Senators John Cornyn, et al. filed. |
| 12/29/2014 | Brief amici curiae of American Civil Rights Union, et al. filed. |
| 12/29/2014 | Brief amici curiae of Cato Institute and Prof. Josh Blackman filed. |
| 12/29/2014 | Brief amici curiae of Washington Legal Foundation and Steven J. Willis filed. |
| 12/29/2014 | Brief amicus curiae of Jeremy Rabkin filed. |
| 12/29/2014 | Brief amici curiae of Missouri Liberty Project, et al. filed. |
| 12/29/2014 | Brief amici curiae of Citizens' Council for Health Freedom, et al. filed. |
| 12/29/2014 | Brief amicus curiae of Landmark Legal Foundation filed. |
| 01/06/2015 | Record for United States District Court for the Eastern District of Virginia available on Pacer and received electronically. |
| 01/06/2015 | Record received from U.S.C.A. 4th Circuit is electronic and located on PACER. |
| 01/07/2015 | CIRCULATED. |
| 01/21/2015 | Brief of respondents Sylvia Burwell, Secretary of Health and Human Services, et al. filed. (Distributed) |
| 01/26/2015 | Brief amici curiae of Jewish Alliance for Law & Social Action (JALSA), et al. filed. (Distributed) |
| 01/27/2015 | Brief amici curiae of American Cancer Society, et al. filed. (Distributed) |
| 01/28/2015 | Brief amici curiae of Former Government Officials filed. (Distributed) |
| 01/28/2015 | Brief amicus curiae of HCA Inc. filed. (Distributed) |
| 01/28/2015 | Brief amici curiae of Asian & Pacific Islander American Health Forum, et al. filed. (Distributed) |
| 01/28/2015 | Brief amicus curiae of National Alliance of State Health CO-OPs filed. (Distributed) |
| 01/28/2015 | Brief amici curiae of Catholic Health Association of the United States, et al. filed. (Distributed) |
| 01/28/2015 | Brief amici curiae of Small Business Majority Foundation, Inc. and Peers filed. (Distributed) |
| 01/28/2015 | Brief amicus curiae of Families USA filed. (Distributed) |
| 01/28/2015 | Brief amici curiae of Marilyn Ralat-Albernas, R.N., et al. filed. (Distributed) |
| 01/28/2015 | Brief amici curiae of American Hospital Association, et al. filed. |
| 01/28/2015 | Brief amici curiae of Lambda Legal Defense & Education Fund, Inc., et al. (Corrected brief filed and distributed) filed. (Distributed) |
| 01/28/2015 | Brief amici curiae of Health Care Policy History Scholars filed. (Distributed) |
| 01/28/2015 | Brief amicus curiae of America's Health Insurance Plans filed. (Distributed) |
| 01/28/2015 | Brief amici curiae of Members of Congress and State Legislatures filed. (Distributed) |
| 01/28/2015 | Brief amici curiae of Harvard Law School Center for Health Law and Policy Innovation, et al. filed. (Distributed) |
| 01/28/2015 | Brief amici curiae of Bipartisan Economic Scholars filed. (Distributed) |
| 01/28/2015 | Brief amici curiae of National Women's Law Center, et al. filed. (Distributed) |
| 01/28/2015 | Brief amicus curiae of Trinity Health filed. (Distributed) |
| 01/28/2015 | Brief amici curiae of American Academy of Pediatrics, et al. filed. (Distributed) |
| 01/28/2015 | Brief amicus curiae of National Education Association filed. |
| 01/28/2015 | Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. |
| 01/28/2015 | Brief amici curiae of National Association of Community Health Centers, et al. filed. (Distributed) |
| 01/28/2015 | Brief amici curiae of Commonwealth of Virginia, et al. filed. (Distributed) |
| 01/28/2015 | Brief amici curiae of Public Health Deans, Chairs, and Faculty, et al. filed. (Distributed) |
| 01/28/2015 | Brief amicus curiae of Maurice Baggiano, Esq. filed. (Distributed) |
| 01/28/2015 | Brief amici curiae of William N. Eskridge, et al. filed. (Distributed) |
| 01/28/2015 | Brief amicus curiae of American Thoracic Society filed. (Distributed) |
| 01/28/2015 | Brief amici curiae of AARP, et al. filed. (Distributed) |
| 01/28/2015 | Brief amicus curiae of David Boyle filed. (Distributed) |
| 01/28/2015 | Brief amici curiae of Professors Thomas W. Merrill, et al. filed. (Distributed) |
| 02/18/2015 | Reply of petitioners David King, et al. filed. (Distributed) |
| 03/04/2015 | Argued. For petitioners: Michael A. Carvin, Washington, D. C. For respondents: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. |
| 06/25/2015 | Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined. |
| 07/27/2015 | JUDGMENT ISSUED. |