KFF Health News December 10, 2019
Phil Galewitz

No clear split between conservative and liberal Supreme Court justices emerged Tuesday as justices heard arguments over whether the federal government could renege on Congress’ promise to pay health insurance companies billions to motivate them to participate in the Obamacare marketplaces.

Health insurers hope to recoup $12 billion they believe is owed to them from that Affordable Care Act incentive program.

During the hour of oral arguments, six justices appeared to favor the insurers’ argument — Chief Justice John Roberts, plus justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, Elena Kagan and Brett Kavanaugh. Samuel Alito seemed to side with the Trump administration. Neither Clarence Thomas nor Neil Gorsuch spoke during the session.

The Trump administration argues it doesn’t have...

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Topics: ACA (Affordable Care Act), CMS, Congress / White House, Govt Agencies, Insurance, Patient / Consumer, Payer, Provider, Public Exchange, Regulations
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