King v. Burwell has dominated the news recently, a lawsuit challenging the legality of the IRS decision to issue subsidies in all exchanges, whether federal or state. A Supreme Court decision by June of 2015 is expected, and a win for King would certainly deal a severe blow to the law. But there are two other challenges to the law which are much more serious.
Coons v. Lew and Sissel v. HHS may both make it to the Supreme Court in 2015, Sissel posing the most serious challenge to the Affordable Care Act than any challenge before. Coons deals with the Independent Payment Advisory Board, (IPAB,) which plaintiff states violates the separations of power act. The Affordable Care Act could survive, somewhat, if both King and Coons win. But if Sissel wins, that is the end of Obamacare. Sissel deals with the Origination Clause of the Constitution, and a win for Sissel will invalidate the entire PPACA. Because the PPACA, (and all the taxes included in the law,) originated in the Senate, Sissel states that it violates the Originations Clause of the constitution.
2015 will be a tough year for Obamacare, and it is imperative that those receiving subsidies understand that those subsidies may end in the next several months.