Va. Court Latest To Allow ACA Tax Breaks For Opt-Out States

Law360, New York (February 19, 2014, 5:41 PM EST) -- A Virginia federal judge on Tuesday squashed a lawsuit asserting that Affordable Care Act tax subsidies can only be used in states that run their own ACA insurance marketplaces, saying there's no indication Congress meant to exclude states with federally run exchanges from the subsidy scheme.

The plaintiffs argued that the federal provision that authorizes the tax credits only mentions state-run exchanges and therefore excludes states, like Virginia, that have federal exchanges. But U.S. District Judge James R. Spencer disagreed, saying the legislative history behind the...
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Case Information

Case Title

King et al v. Sebelius et al

Case Number



Virginia Eastern

Nature of Suit

Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision


James R. Spencer

Date Filed

September 16, 2013

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Government Agencies

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