Bloomberg Law
Aug. 5, 2014, 4:00 AM

Another Trip to Supreme Court Likely for ACA
But En Banc D.C. Circuit May Divert En Route

The Affordable Care Act may be headed back to the U.S. Supreme Court following a pair of conflicting appellate decisions on July 22 (Halbig v. Burwell, 2014 BL 201816, D.C. Cir., No. 14-5018; King v. Burwell, 2014 BL 201873, 4th Cir., No. 14-1158).

The same-day circuit split—between the U.S. Court of Appeals for the D.C. Circuit and the Fourth Circuit—could mean another trip to the Supreme Court for the controversial Affordable Care Act, court watchers told Bloomberg BNA.

But they caution that an en banc D.C. Circuit—including several judges confirmed in the wake of the Senate’s recent ...