Is King v. Burwell Already a Done Deal?

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I’m curious about something. I’ve read what now seems like a thousand blog posts about whether Republicans are going to offer a plausible legislative fix if the Supreme Court kills Obamacare subsidies in states that use the federal exchange. (Answer: no.) I’ve read another thousand about what the effect will be if the Supreme Court kills Obamacare subsidies. And another thousand about other topics related to King v. Burwell.

But all these posts and news articles seem to be written less and less in the conditional tense. It’s as if everyone has already given up on the possibility that the Supreme Court will do the right thing and simply hand down a ruling based on the plain intent of the law, keeping Obamacare subsidies in place.

So how about that? Have we all given up? Maybe I’m being far less cynical than I should be, but I’m still assuming King v. Burwell will go against the plaintiffs.

Am I alone in this? What are the Vegas odds these days on how the ruling is going to go?

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DEMOCRACY DOES NOT EXIST...

without free and fair elections, a vigorous free press, and engaged citizens to reclaim power from those who abuse it.

In this election year unlike any other—against a backdrop of a pandemic, an economic crisis, racial reckoning, and so much daily bluster—Mother Jones' journalism is driven by one simple question: Will America move closer to, or further from, justice and equity in the years to come?

If you're able to, please join us in this mission with a donation today. Our reporting right now is focused on voting rights and election security, corruption, disinformation, racial and gender equity, and the climate crisis. We can’t do it without the support of readers like you, and we need to give it everything we've got between now and November. Thank you.

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