Conservatives fiercely oppose the Patient Protection and Affordable Care Act, and so it is not surprising that two conservative judges on the U.S. Court of Appeals for the D.C. Circuit handed down a decision that would gut the law. But their ruling is inconsistent with the most basic principles of statutory construction. As the U.S. Court of Appeals for the Fourth Circuit concluded in a decision that same day, Congress unquestionably wanted the federal government to be able to subsidize health care for those who otherwise cannot afford it.
The Affordable Care Act was intended to ensure that almost all Americans have health care coverage. A key mechanism is that the act provides for the establishment of “exchanges,” through which individuals can purchase competitively priced health care coverage.
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