Bloomberg Law
Dec. 10, 2019, 5:29 PM

Justices Seem Doubtful of Government’s Obamacare Pay Denial

Mary Anne Pazanowski
Mary Anne Pazanowski
Legal Reporter

The U.S. Supreme Court Dec. 10 seemed open to arguments that the government must pay health insurers over $12 billion in unpaid Obamacare risk corridor funds program.

Chief Justice John G. Roberts Jr. and Justices Stephen G. Breyer, Sonia Sotomayor, Elena Kagan, and Brett M. Kavanaugh all asked U.S. Deputy Solicitor General Edwin S. Kneedler why the government shouldn’t have to live up to statutory language saying it “shall pay” insurers who lost money by offering health care coverage on Affordable Care Act exchanges at affordable premiums.

If a person tells another, I’ll pay you X if you do Y, ...

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