If agents didn’t have such a vested interest in the King v. Burwell case, it would make for great theater. While the justices are supposed to look at the facts in the case and decide whether Congress intended for the premium tax credits and cost-sharing subsidies to be available through states using the Federally-Facilitated Marketplace or not, several groups are weighing in with their own thoughts.
For instance, the Washington Times reported yesterday that chronic disease fighters like the American Cancer Society, the American Diabetes Association, the American Heart Association and the National Multiple Sclerosis Society have told the Supreme Court in a friend-of-the-court brief that “there is no evidence that Congress wanted to limit Obamacare’s subsidies to states with their own health exchanges.” The Administration also filed a brief with the Court letting them know their thoughts on the matter.
Perhaps more importantly, it turns out that 64% of Americans polled in a recent survey would want Congress to take action to restore the subsidies in states using the FFM if the Supreme Court strikes down the subsidies, and nearly 60% of residents in states using the FFM would want their states to create their own exchanges so that the subsidies could continue according to the Associated Press.
What this means, of course, is that even if the Court decides that the subsidies are only available through state exchanges, brokers who specialize in the individual market don’t need to panic. In fact, that’s when things will really get interesting.