GOP, Dems both confident after ObamaCare arguments

Lawmakers in both parties expressed confidence that the Supreme Court would rule in their favor after oral arguments Wednesday in a critical ObamaCare case.

If the justices rule against the Obama administration in King v. Burwell, they would invalidate subsidies that about 7.5 million people use to buy insurance in states that use federally-run marketplaces under the law. 

{mosads}House Minority Leader Nancy Pelosi (D-Calif.), who attended the arguments, accused Republicans of trying to win in court what they couldn’t win in Congress.

“With this case, Republicans intend to take affordable health coverage away from millions of hard working Americans – hoping to achieve through the courts what they cannot do even with majorities in both houses of Congress,” she said in a statement.

She expressed confidence the court would rule that the subsidies should be “available to every eligible taxpayer in the nation.”

Republicans used their responses to point to plans to replace the subsidies. The plans are intended to make the court more comfortable with striking down the subsidies.

“The law is clear—and the Supreme Court should order the IRS to enforce the law as it is written. If it does, we will be ready to act,” said Reps. Paul Ryan (R-Wis.), Fred Upton (R-Mich.), and John Kline (R-Minn.), who all attended the arguments.

The three committee chairmen, who have released a plan to replace the subsidies, said the administration’s insistence that it is not preparing for a contingency plan if it loses in court “would be malpractice if true.”

Their plan includes repealing ObamaCare’s mandates and providing tax credits to help people buy insurance. 

Sen. John Barrasso (R-Wyo.), who was also in attendance, has worked on a separate Senate Republican plan and pointed to those efforts. 

“I expect that the Court will find that the President overreached when he ignored his own law and misled millions of Americans,” he said.

Justice Antonin Scalia, a conservative, pointed to the response from Congress during the arguments. “I think this Congress would act,” if the subsidies were struck down, he said. 

Solicitor General Donald Verrilli, arguing for the administration, cast doubt on Congress’s ability. “Well, this Congress, your honor,” he said, to laughter in the courtroom. 

House Ways and Means Committee spokesman Brendan Buck, referring to the House Republican plan, responded to Scalia’s comment by tweeting, “It’s true!”