Part I: Is PPACA on the Road to Recovery?

The recent decision in King v. Burwell by the Supreme Court of the United States sent a strong message to critics of the Patient Protection and Affordable Care Act of 2010 (“PPACA”)—the Supreme Court will not allow “inartful drafting” to invalidate vital provisions of PPACA. Chief Justice Roberts, writing for the majority explained, “[i]n democracy, the power to make the law rests with those chosen by the people....Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them. If at all possible, we must interpret the Act in a way that is consistent with the former, and avoids the latter.”

I. Past Challenges to PPACA -

If you recall, since President Obama signed PPACA into law on March 23, 2010, the Supreme Court has heard two cases where fundamental provisions of PPACA were at risk of being struck down.