Overview
Steptoe partner Lisa Zarlenga was quoted in a Law360 article titled “Attorneys React to Supreme Court’s ACA Save.” The article, published June 25, features commentary from lawyers on King v. Burwell, which ruled that consumer subsidies can continue flowing through all of the Affordable Care Act’s health insurance marketplaces.
Ms. Zarlenga tells Law360: “The Supreme Court appropriately considered the statute as a whole and congressional intent in interpreting the statutory language. Nonetheless, while the court upheld the IRS' statutory interpretation, it did not give Chevron deference to the IRS' regulations implementing the premium tax credit. The court's opinion thus averts a crisis requiring Congress to step in and prevent a death spiral but it sets a precedent for judicial intervention on all cases addressing the interpretation of the premium tax credit.”
The full article can be read at Law360 (subscription required).
