Justices Divided at Health-Law Argument

Liberals grill plaintiffs, conservatives tough on government in case concerning Affordable Care Act subsidies; focus turns to Justice Anthony Kennedy, Chief Justice John Roberts

WASHINGTON—The Supreme Court sparred Wednesday over a lawsuit that could gut the Affordable Care Act across most of the nation, going overtime in arguments that suggested the law’s fate likely rests with two justices.

The outcome of the case, a challenge to the insurance subsidies in the 2010 health law, appeared to turn on the views of Justice Anthony Kennedy and Chief Justice John Roberts . Justice Kennedy, in the biggest surprise from the session, suggested the challengers’ theory could face a constitutional roadblock, since it assumes Congress was trying to strong-arm the states into carrying out a federal policy. Chief Justice Roberts, who joined liberals to uphold most of the health law in 2012, was uncharacteristically quiet through most of the argument, leaving observers guessing.

The challengers’ attorney, Michael Carvin, barely began his statements before the court’s four liberals launched a fusillade of questions deriding his claim that a clause in the law denies tax credits to Americans in at least 34 states where residents use the federal HealthCare.gov website to obtain insurance.

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