Jacqueline HALBIG, et al., Appellants
v.
Sylvia Mathews BURWELL, In her Official Capacity as U.S. Secretary of Health and Human Services, et al., Appellees.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Rebecca A. Beynon , E. Scott Pruitt , Attorney General, Office of the Attorney General for the State of Oklahoma, Patrick R. Wyrick , Solicitor General, Luther Strange , Attorney General, Office of the Attorney General for the State of Alabama, Sam Olens , Attorney General, Office of the Attorney General for the State of Georgia, Patrick Morrisey , Attorney General, Office of the Attorney General for the State of West Virginia, Jon Bruning , Attorney General, Office of the Attorney General for the State of Nebraska, and Alan Wilson , Attorney General, Office of the Attorney General for the State of South Carolina were on the brief for amici curiae Consumer's Research, et al.
Derek Schmidt , Attorney General, Office of the Attorney General for the State of Kansas, Jeffrey A. Chanay , Deputy Attorney General, Stephen R. McAllister , Solicitor General, Bryan C. Clark , Assistant Solicitor General, Bill Schuette , Attorney General, Office of the Attorney General for the State of Michigan, and Jon Bruning , Attorney General, Office of the Attorney General for the State of Nebraska, were on the brief for amici curiae States of Kansas, et al. in support of appellants.
Andrew M. Grossman was on the brief for amici curiae Jonathan Adler, et al. in support of appellants.
Dissenting opinion filed by Senior Circuit Judge EDWARDS.
United States Court of Appeals, District of Columbia Circuit.
GRIFFITH, Circuit Judge:
Section 36B of the Internal Revenue Code, enacted as part of the Patient Protection and Affordable Care Act (ACA or the Act), makes tax credits available as a form of subsidy to individuals who purchase health insurance through marketplaces — known as "American Health Benefit Exchanges," or "Exchanges" for short — that are "established by the State under section 1311" of the Act. 26 U.S.C. § 36B(c)(2)(A)(i). On its face...
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