In Pruitt v. Burwell and Halbig v. Burwell, federal courts have ruled that the Internal Revenue Service is misinterpreting the Patient Protection and Affordable Care Act, unlawfully paying billions of dollars to private health insurance companies, and unlawfully subjecting more than 50 million individuals and employers to the Act’s individual and employer mandates. In King v. Burwell, another federal court found the IRS’s interpretation is permissible. A fourth lawsuit, Indiana v. IRS, is due a ruling at any time.
While these cases attempt to uphold the ACA by challenging the Obama administration’s interpretation, supporters and critics agree they could have as large an impact on the law as any constitutional challenge. Is the IRS acting within the confines of the law? Is the ACA unworkable as written? Is it inevitable that the Supreme Court will hear one of these cases, or a similar challenge yet to be filed? What is the impact of the IRS’s (mis)interpretation? What impact would a ruling for the plaintiffs have on the health care sector and the ACA? Leading experts, including the attorneys general behind Pruitt v. Burwell and Indiana v. IRS, will discuss these and other dimensions of this litigation.
9:00 – 9:30 a.m. |
Opening Keynote Address
Greg Zoeller Indiana Attorney General
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9:30 – 11:00 a.m. |
Panel 1: What Is the Law, and on Which Side Is the IRS?
Moderator: Robert Barnes The Washington Post
Jonathan Adler Case Western Reserve University School of Law
David Ziff University of Washington School of Law
Brianne Gorod Constitutional Accountability Center
James Blumstein Vanderbilt University
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11:00 – 11:15 a.m. |
Break |
11:15 a.m. – 12:45 p.m. |
Panel 2: What Do the “Halbig” Cases Mean for Health Care Reform?
Moderator: Lori Montgomery The Washington Post
Michael F. Cannon Cato Institute
Len Nichols George Mason University
Tom Miller American Enterprise Institute
Robert Laszewski Health Policy and Strategy Associates, LLC
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12:45 – 1:00 p.m. |
Break |
1:00 – 1:30 p.m. |
Keynote Address
Scott Pruitt Oklahoma Attorney General
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1:30 p.m. |
Luncheon |