3 Wild Cards If Gov't Loses ACA Subsidies Fight

Law360, New York (November 14, 2014, 2:07 PM EST) -- If the federal government loses a high-profile U.S. Supreme Court case over Affordable Care Act subsidies, new legal battles will likely ensue to determine which insurance exchanges are affected and what states must do to keep subsidies flowing.

Here are three pivotal questions that experts say will demand answers:

Can States Establish Partnership Exchanges?

At issue in King v. Burwell is an ACA provision that says subsidies are allowed in "an exchange established by the state." The question before the court is whether that authorizes subsidies in exchanges created by the federal government on behalf of the states.

If justices side...

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