Hoyer Joins Amicus Brief for Affordable Care Act

Posted for Congressman Steny Hoyer

WASHINGTON, DC – House Democratic Whip Steny H. Hoyer (MD)  joined an amicus brief last month in the case of King v. Burwell, which is scheduled to be considered by the Supreme Court this term.  The case focuses on whether those purchasing coverage through the federally run health insurance marketplace are eligible for premium tax credits under the Affordable Care Act.   

“I was proud to file an amicus brief with the Supreme Court today in the case of King v. Burwell along with other Members of Congress involved in writing the law in 2010 and with state legislators who participated in decisions on whether to launch state-based marketplaces,” said Congressman Hoyer.  “Our brief demonstrates Congress’s clear intent that premium tax credits were to be made available to all qualified consumers purchasing insurance through exchanges set up by the states and by the federal government.”

“The opponents of health care reform have failed to repeal or undermine the law through more than fifty votes in the House since it was enacted, and they are now once again resorting to litigation in order to achieve their goal,” said Rep. Hoyer. “Nearly 9.5 million Americans nationwide have signed up for quality, affordable health care coverage through the Affordable Care Act.  House Democrats are determined to defend the patient protections and cost savings that health care reform has brought millions of Americans, and I am confident that the Court will reaffirm Congress’s intent to provide premium tax credits to those shopping for affordable coverage through any of the health insurance marketplaces.”

From the brief’s summary:

“The purpose of the tax credit provision was to facilitate access to affordable insurance through all Exchanges, state-run or federally-facilitated, and to ensure that all Exchanges could work with other fundamental components of the law in order to provide near-universal access to insurance.  It was not, as Petitioners would have it, to incentivize the establishment of state Exchanges above all else, and certainly not to thwart the overall statutory scheme and Congress’s fundamental purpose of making insurance affordable for all Americans.  …In sum, as amici know from their own experience and as the record reflects, the availability of tax credits under the ACA should not turn on whether an individual purchased insurance on a federal or state Exchange.  Rather, such credits should be available to all qualified individuals regardless of where they live.  Such a conclusion is the only one consistent with the ACA’s text, purpose, and history.”