Roberts, Kennedy hold fate of subsidies


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WASHINGTON (AP) — Supreme Court justices have heard arguments in a case that will determine the fate of tax subsidies that make health insurance affordable for millions of Americans.

The outcome in the latest challenge to the Affordable Care Act appears to hinge of the votes of Chief Justice John Roberts and Justice Anthony Kennedy. But Roberts said little during today's back-and-forth, while Kennedy -- who voted to strike down the health law three years ago -- asked questions of both sides that made it hard to tell where he might come out this time.

The justices are trying to determine whether the law makes people in all 50 states eligible for federal tax subsidies to cut the cost of insurance premiums. Opponents say that only residents of states that set up their own insurance markets can get federal subsidies to help pay the premiums.

Justice Ruth Bader Ginsburg said the law set up flexibility for states to either set up their own markets or rely on federal healthcare.gov. She says giving subsidies only to people in some states would be "disastrous."

But conservative justices focused on four words in the law -- the words "established by the state." They say those words make it clear that Congress wanted to limit the subsidies to state-run exchanges.

%@AP Links

246-a-11-(Richard Umbdenstock, President and CEO, American Hospital Association, in AP interview)-"insurance for everyone."-American Hospital Association president and CEO Richard Umbdenstock says if the Supreme Court knocks down the tax subsidies in the president's health care law, millions lose their coverage and everyone else's premiums could be affected too. (4 Mar 2015)

<<CUT *246 (03/04/15)££ 00:11 "insurance for everyone."

244-a-07-(Josh Earnest, White House press secretary, at news conference)-"the very beginning"-White House press secretary Josh Earnest says it's hard to see congressional Republicans joining in an effort to fix the health law. (4 Mar 2015)

<<CUT *244 (03/04/15)££ 00:07 "the very beginning"

219-c-22-(Mark Sherman, AP correspondent)-"along idealogical lines"-AP correspondent Mark Sherman reports that the Supreme Court appears divided in the latest challenge over the tax subsidies in the Affordable Care Act. (4 Mar 2015)

<<CUT *219 (03/04/15)££ 00:22 "along idealogical lines"

222-c-10-(Mark Sherman, AP correspondent)-"Congress did write"-AP correspondent Mark Sherman says conservative justices did not seem impressed by the argument that millions of people might lose health insurance. (4 Mar 2015)

<<CUT *222 (03/04/15)££ 00:10 "Congress did write"

APPHOTO DCPM113: This courtroom artist rendering shows Solicitor General, Donald B. Verrilli Jr., right, speaking before the Supreme Court in Washington, Wednesday, March 4, 2015. The Supreme Court heard arguments in King v. Burwell, a major test of President Barack Obama's health overhaul which, if successful, could halt health care premium subsidies in all the states where the federal government runs the insurance marketplaces. From left are Justices Antonin Scalia, Chief Justice John Roberts, and Justice Anthony Kennedy, (AP Photo/Dana Verkouteren) (4 Mar 2015)

<<APPHOTO DCPM113 (03/04/15)££

APPHOTO DCPM115: This courtroom artist rendering shows Michael Carvin, lead attorney for the petitioners, speaking before the Supreme Court in Washington, Wednesday, March 4, 2015. From left are, Justice Elena Kagan, and sitting behind Carvin from left are, Health and Human Services Secretary Sylvia Burwell, Sen. Orrin Hatch, R-Utah, Sen. Lamar Alexander, R-Tenn., and House Minority Leader Nancy Pelosi of Calif. The Supreme Court heard arguments in King v. Burwell, a major test of President Barack Obama's health overhaul which, if successful, could halt health care premium subsidies in all the states where the federal government runs the insurance marketplaces. (AP Photo/Dana Verkouteren) (4 Mar 2015)

<<APPHOTO DCPM115 (03/04/15)££

APPHOTO DCPM109: Michael Carvin, center, lead attorney for the petitioners, speaks to reporters outside the Supreme Court in Washington, Wednesday, March 4, 2015, as Oklahoma Attorney General Scott Pruitt listens at right. The Supreme Court heard arguments in King v. Burwell, a major test of President Barack Obama's health overhaul which, if successful, could halt health care premium subsidies in all the states where the federal government runs the insurance marketplaces. (AP Photo/Pablo Martinez Monsivais) (4 Mar 2015)

<<APPHOTO DCPM109 (03/04/15)££

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