Obamacare Faces Judgment

This week, the courts are weighing it.

Obamacare was under assault from two directions this week in the courts. The Supreme Court heard theHobby Lobby religious-liberty case, a dispute over whether corporations could be forced to supply contraceptives as part of their health plans. But a far more serious threat to the heart of Obamacare — a challenge to the state exchanges through which subsidies to buy insurance are issued — played out in the D.C. Circuit Court of Appeals courtroom a few blocks away.

That threat has the administration very, very afraid. Now we know why Democrats were so eager to use the “nuclear option” that changed the minimum number of senators needed to confirm judges from a filibuster-proof 60 to a mere majority. The first use of the nuclear option was to confirm three judges to the D.C. Circuit,which would soon have to hear the challenge to the exchanges.

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