AT THE end of June, when the Supreme Court saved the Affordable Care Act from a technical challenge in King v Burwell, it seemed the legal battles over Obamacare were finally over. But the “never-ending saga” of anti-Obamacare litigation, as Justice Elena Kagan put it, presses on. On August 7th two federal appellate courts turned back separate challenges to Barack Obama’s signature health-care law. The rulings are more bad news for litigants who have approached the courts to try to undermine the law, but either or both cases could eventually be heard by the Supreme Court.
The first challenge goes after the law’s individual mandate, the provision that requires most Americans to buy a health-insurance policy (subsidised by the feds, for lower-income people, in states that expanded Medicaid)...Continue reading