Using the Power of the Purse to Change Policy: SCOTUS Case on ACA Risk Corridors Asks Important Appropriations Law Question [November 1, 2019] [open pdf - 616KB]
From the Document: "In the world of recent litigation involving the Patient Protection and Affordable Care Act (ACA), most attention has focused on the ongoing litigation in the U.S. Court of Appeals for the Fifth Circuit surrounding the constitutionality of the individual mandate. However, the Supreme Court is scheduled to hear several cases involving another, perhaps lesser known provision of the ACA concerning 'risk corridors.' While the risk corridors cases--three cases consolidated under the lead case of 'Maine Community Health Options v. United States'--do not raise a question as to the validity of the entire ACA, they do raise important issues regarding the interpretation of appropriations acts, particularly when such acts conflict with authorizing statutes. After providing some background on the statutory provisions at issue, this Sidebar discusses relevant Supreme Court precedent regarding resolution of those conflicts and the broader implications that the risk corridor cases may have."
CRS Legal Sidebar, LSB10360
Congressional Research Service: https://crsreports.congress.gov/