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 Healthcare Finance News, in “Reactions Mount Following King vs. Burwell; Kennedy Could Swing Vote,” by Susan Morse.
Following is an excerpt:
“Justices Scalia, Thomas and Alito are highly likely to vote to reverse, believing that, at best, it is the job of Congress, not the Court, to fix a defective legislative regime,” said Stuart M. Gerson, an attorney with Epstein Becker Green who sat in on the proceedings. “Similarly, there can be little doubt that Justices Ginsburg, Breyer, Sotomayor and Kagan will vote to affirm, seemingly believing that the authorship of a particular Exchange doesn’t matter in the total context of the ACA.”
“Justice Kennedy was particularly interested in whether the onus that the regime places on the States rises to the level of compulsion that the Court has held violates Federalism,” he added.