Stuart Gerson Quoted in “Majority of Justices Seem to Have Minds Made Up in Health Care Case”

Society for Human Resource Management

Stuart M. Gerson, a Member of the Firm in the Litigation and Health Care & Life Sciences practices, in the firm's Washington, DC, and New York offices, was quoted in Society for Human Resource Management, in “Majority of Justices Seem to Have Minds Made Up in Health Care Case,” by Allen Smith.

Following is an excerpt:

Seven of nine justices’ minds seem made up in the high-profile case before the U.S. Supreme Court that could determine the future of Affordable Care Act (ACA), according to Stuart Gerson, an attorney with Epstein, Becker and Green in Washington, D.C. The high court heard oral arguments March 4, 2015, in the case (King v. Burwell, No. 14-114), which will decide whether the program of tax credits under the act applies only in the 16 states that have set up their own insurance marketplaces, called exchanges, and not in the other 34 states, which have elected to rely on the exchange set up by the federal government. …

Justices Antonin Scalia, Clarence Thomas and Samuel Alito Jr. are strict textualists and will vote against the government, Gerson predicted.

He said it’s “equally clear” that Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan will vote to affirm federal subsidies in states that rely on the federal exchange. They seemed in agreement that the entire system won’t work unless all states are treated the same, Gerson explained.