King v. Burwell: The Supreme Court's Missed Opportunity to Cure What Ails ChevronNotre Dame Journal of Legislation (2016)
The article outlines the construct of the ACA’s premium assistance tax credits, explores the legal controversies surrounding these subsidies, uses the tax subsidies cases to demonstrate the flaws in the Chevron framework, and argues that the Supreme Court should have framed its King v. Burwell analysis in a way that would have cured, rather than ignored, the ails of Chevron.
- Health Law and Policy Commons,
- Legislation Commons,
- Supreme Court
Publication DateWinter January 27, 2016
Citation InformationVanessa L Johnson, J. James Rohack and Marisa Finley. "King v. Burwell: The Supreme Court's Missed Opportunity to Cure What Ails Chevron" Notre Dame Journal of Legislation (2016)
Available at: http://works.bepress.com/vanessaljohnson/1/