The immediate take-away for employers in Tuesday’s Halbig v. Burwell ruling is uncertainty about what the future brings for the Affordable Care Act. If the Halbig majority prevails, Obamacare has been dealt a serious, if not lethal, blow.
The statutory interpretation argument raised by the plaintiffs in Halbig was given little chance of success, but this attack has now gained substance and a voice through the Halbig majority opinion. Employers who had ramped up to comply with Obamacare now see that the statute may be vulnerable, and opponents have new hope.
