Is King v. Burwell Already a Done Deal?

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I’m curious about something. I’ve read what now seems like a thousand blog posts about whether Republicans are going to offer a plausible legislative fix if the Supreme Court kills Obamacare subsidies in states that use the federal exchange. (Answer: no.) I’ve read another thousand about what the effect will be if the Supreme Court kills Obamacare subsidies. And another thousand about other topics related to King v. Burwell.

But all these posts and news articles seem to be written less and less in the conditional tense. It’s as if everyone has already given up on the possibility that the Supreme Court will do the right thing and simply hand down a ruling based on the plain intent of the law, keeping Obamacare subsidies in place.

So how about that? Have we all given up? Maybe I’m being far less cynical than I should be, but I’m still assuming King v. Burwell will go against the plaintiffs.

Am I alone in this? What are the Vegas odds these days on how the ruling is going to go?


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It sure feels that way to me, and here at Mother Jones, we’ve been thinking a lot about what journalism needs to do differently, and how we can have the biggest impact.

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It's unlike anything we've done, and we have seed funding to get started, but we're looking to raise $500,000 from readers by July when we'll be making key budgeting decisions—and the more resources we have by then, the deeper we can dig. If our plan sounds good to you, please help kickstart it with a tax-deductible donation today.

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Clara Jeffery, Editor-in-Chief

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