Alito’s wildcard could shape 2016

Published March 6, 2015 3:25am ET



Before oral arguments in the latest healthcare case to reach the U.S. Supreme Court, analysts focused on the instant chaos that would be unleashed if justices invalidated subsidies that millions of Americans have been relying on to help them purchase insurance through President Obama’s healthcare law.

But during Wednesday’s arguments in King v. Burwell, Justice Samuel Alito floated an idea that would scramble this narrative. In the event that the justices determine that the IRS acted illegally by approving subsidy payments to individuals who purchased insurance through a federal exchange, Alito suggested the Court could issue a “stay” of such ruling. This could trigger a serious debate on healthcare policy and have new ramifications for the 2016 presidential race.

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