Preview

King V Burwell Case Study

Good Essays
Open Document
Open Document
434 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
King V Burwell Case Study
King v. Burwell and Judicial Decision-Making Process

The Supreme Court decision in King v. Burwell surrounded the challenge of provision to the Affordable Care Act. The key question the case focused on was whether Obamacare authorized federal tax subsidies for individuals purchasing health insurance through a state exchange. The challenger, King, argued the way the law was written can’t allow for states to subsidized insurance through a federal-run exchange. They argued that insurance subsides are only allowed in states that operate their own insurance exchange. Pointing to a clause “established by the state,” the plaintiff argued the way the law, written by members of Congress, authorizes only to tax and subsides in states that established
…show more content…
The Supreme Courts rulings have an effect on the fabric of society as well as have an influence in public policy initiatives. Under Congress, federal judiciary is to prescribe to the rules with the obligations to recommend amendments and promote fairness in administration. Judges are not legislators but are rule of the law in proposing rules and recommend alternative proposals. As badly designed laws are being created, the Courts job is to construed the complexity rather than standing with a law that is flawed. Under this ruling, the majority failed to consider parts of the ACA that contradicts its statute, ignoring what the law states straight out. Scalia along with Clarence Thomas and Samuel Alito examined the statute being questioned and discredited the majority’s argument. Under their dissent, each exposed how in favor of the administration was playing politics when they pointed out how ACA can’t work if only states instead of federal were involved in tax subsidies. As a result of this ruling, the IRS is over taxing and spending billions more then what Congress intended or

You May Also Find These Documents Helpful

  • Good Essays

    Facts: Police officers were in pursuit of a suspected drug dealer, and were led to an apartment complex. The officers ended up outside of a certain apartment, were the smell of marijuana emanated. The police knocked loudly, and from inside the apartment they heard movement, and the police believed that the sounds were an indication that evidence was being destroyed. The police announced their intent to enter the apartment, kicked the door down to find drugs and drug paraphernalia in plain sight, and arrested King and others. They continued to search the apartment and came across other evidence. King argued that due to the officers not having a warrant…

    • 997 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    4)The case we read in class that I enjoyed the most was State of Connecticut v. Cardwell. I primarily liked it because it best exemplifies the difference and complexity regarding the sale of goods and the helps reflect the distinction between a “shipment” and “destination” contracts. I disagree with the trial courts judgment that Cardwell sold tickets within Connecticut and thereby violated Connecticut statute. However, I agree with the judgment of the court after the appeal. The transfer of goods occurred in Massachuestes, therefore the sale of the tickets, as defined by the code, occurred in Massachusts.…

    • 97 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Facts: An undercover police officer watched a controlled deal from inside his unmarked police car. When the deal was over, the undercover police officer radioed for uniformed police officers to move in on the suspect, who was heading towards a breezeway in an apartment complex.…

    • 461 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Grutter v. Bollinger was also a case in which race was still used as an admission factor. This case involved the admission process to The University of Michigan's law school. Just as the University of Texas they used the hard data and soft data process to admit different students into their program. Race was used as a plus factor under the soft data category and the law school was seeking critical mass by becoming more diverse within its student population. Yet, the question was how did the university know the race of the person? As they did not have a so called race check box. They asked different questions such as where the students are from or what language was spoken within their homes. The court again said this was ok, as they school was…

    • 164 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The world is full of camera phones, different social media outlets, and the work of law enforcement is not hidden anymore, the general public can see the police officers performing their jobs. However, those officers quick to use gun or Taser lack the skills in de-escalation when dealing with a minor hostile situation. Nevertheless, the case of Bryan v. McPherson was related to a situation of officer Brian McPherson and motorist Carl Bryan, which Mr. Bryan was pulled over and issued a citation early that same day and headed to southern California from Camarillo to Coronado.…

    • 570 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The Tarasoff case is the case that “established a clinician’s duty to warn” (Mottarella, n.d.). Prosenjit Poddar, a student at University of California Berkeley (UCAL) was a patient of Dr. Lawrence Moore, a psychologist a hospital affiliated with UCAL. Poddar was seeking treatment for an emotional breakdown after being romantically rejected by Tatiana Tarasoff. In the course of therapy Poddar related to Dr. Moore his intent to kill Tarasoff that fall. Dr. Moore conferred with his superiors at the facility and the determination, customary at that time, was made to have Poddar involuntarily committed. Dr. Moore notified the campus police and requested that Poddar be picked up, warning that Poddar can appear quite rational at times. Campus…

    • 477 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Florida v. Bostick was a felony drug trafficking case which set precedence to the legality of random police searches of passengers aboard public buses and trains pertaining to said passenger’s fourth amendment rights. Shortly after boarding a bus departing from Miami headed for Atlanta, Terrance Bostick was approached by members of the Broward County Sheriffs department acting as part of a drug interception task force and without particularly suspicion was questioned by officers. Broward county sheriff officers advised Mr. Bostick of his right to not consent to a search of his personal belongings and then asked his permission to carry out the search. Terrance Bostick granted sheriffs officers request by consenting to the search which revealed a felonious amount…

    • 609 Words
    • 3 Pages
    Good Essays
  • Good Essays

    DOMA Ruling Case Study

    • 369 Words
    • 2 Pages

    Last week was a huge week for our supreme court. There were a couple really important rulings. There was the University of Texas Vs. Fisher, which argued race when accepting students into their school. There was also a voting rights act ruling as well. The one that stuck out most to me was the court’s decision on DOMA. DOMA stands for “defense of marriage act.” It was signed by President Bill Clinton in 1996 to prevent same-sex couples whose marriages were recognized by their home state from receiving benefits available to other married couples under federal law.…

    • 369 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In the case of Burwell v. Hobby Lobby, the Supreme Court made the wrong decision because a company is not a person and thus does not have the same rights as one. Hobby Lobby employs 23,000 people, all of which could receive all 20 state covered forms of birth-control. The owner of Hobby Lobby felt that certain forms terminated a life, which many doctors disagree with. Hobby Lobby claimed they were being forced to allow employees to receive these forms violated their religious rights and decided to pursue a court case against the United States Secretary of Health and Human Services, Sylvia Burwell.…

    • 526 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The precedents for this case involve various different rulings and laws. As mentioned, the first and fourteenth amendments state the Affordable Care Act mandate is a clear violation of the constitution. In the Burwell v. Hobby Lobby case, the court ruled that the act was not the least restrictive way possible. Also, Sherbert v. Verner established the definition of compelling state interest. The Affordable Care Act does not provide a compelling state interest for contraceptives to be mandated by the federal…

    • 518 Words
    • 3 Pages
    Good Essays
  • Better Essays

    In 2012, a family called the Greens ran Hobby Lobby, which is a craft store. This family are Christians and have strong faith in what they believe in. Being a very religious family, that they believe that giving or promoting contraceptives, will make them seem as if they are going against their own belief (Oyez, 2013). Contraceptives are artificial methods or various techniques to prevent pregnancy due to sexual intercourse, so the Greens family refuse to provide those things to their workers. This is where the Greens family is furious to give these types of protection to their workers, so they sued.…

    • 1166 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Antonin Scalia Summary

    • 512 Words
    • 3 Pages

    Antonin Scalia argues that the different interpretations of “exchange established by the state” is a big problem because it’s an important part of the Affordable Care Act. The different interpretations of “exchange established by the state” can make a difference too. For example, if people will, or will not get any tax credits under code §36B. Even though the court and Antonin Scalia interprets the words differently, Scalia states that it’s difficult to come up with other words to make it easier to understand. The court has proposed to rewrite the words “exchange established by the state” to make it easier to interpret. However, Scalia says it’s not necessary to rewrite…

    • 512 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Though many know of the court case, not all people know the history of it. The part that many know is that the people were gay, lesbian, and so on, and most people also know that they were fighting for the right to marry. What too many people do not know is that even though court Justices were against it, the majority did not care since it did not affect them. Justice Scalia said the following in his statement, “The substance of today’s decree is not of immense personal importance to me.” Since in many states, previous to the law passing, barely anyone who was same-sex could marry their spouse.Though this privilege was granted to opposite-sex spouses, along with insured plans, medical plans, and many other privileges. When the law was passed, same-sex couples would have the same privileges. “Insured plans in every state will require to offer coverage to same-sex spouses to the extent such plans cover opposite-sex…

    • 559 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Justice Antonin Scalia voted in the minority in the case of Obergefell v. Hodges. Scalia follows the attitudinal model and is a very strict originalist when it comes to the constitution. An example of this decision making process is Scalia’s position on abortion. Scalia has been against abortion in multiple cases such as Webster v Reproductive Health Services and Sternberg v Carhart. Scalia is very much against abortion and believes that people will look back on these cases the same way they look at the Dred Scott Decision. This shows how his values have affected his decisions in the past and in this…

    • 727 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The new Healthcare law is unfair to the community because it increases taxes, and enforces the employer's mandate. As an example of unfair taxes “The stock market has grown seven times faster than America's GDP since 1981, and two-thirds of the country's stocks are owned by the wealthiest one percent of Americans”(common dreams). Fundamentally the wealthy own the majority of the country's stock, and with ACA passed stock market profits are being taxed up to fifteen percent more than before. The prosperous should not be taxed just because they have sufficient money, it is money that they earned. As a second example “The employer's mandate discourages smaller businesses from hiring more employees because businesses without fifty or more full-time employees (FTEs) may be penalized for not offering medical coverage” (U.S). This is negative for a company because, though they already pay their employees a substantial amount of money, they lose money by paying extra. The ACA ruling is vexatious for people because it increases…

    • 803 Words
    • 4 Pages
    Good Essays