David King, et al. v. Sylvia Burwell, et al., (No. 14-114)

On December 24, 2014, Judicial Watch filed an amicus curiae brief in support of the plaintiffs in a lawsuit against the IRS and the Departments of Health and Human Services (HHS) and Treasury over a decision by the agencies to ignore a key provision of the Affordable Care Act (ACA). The lawsuit seeks specifically to prevent the IRS from providing refundable tax credits to individuals who purchase health care coverage through a federal rather than a state exchange. The amicus brief was filed in the Supreme Court of the United States

In its brief, Judicial Watch argued that the decision by the Obama IRS to extending ACA tax credits to individuals purchasing health care through federal exchanges “does not harmonize with the clear purpose of Congress” and could jeopardize the balance of powers:

Petitioners request that the Court to reaffirm the basic principle that the Executive Branch cannot disregard federal statutes in favor of its own policy choices and reverse “the ruling of the U.S. Court of Appeals for the Fourth Circuit (“Fourth Circuit”) If the ruling were to stand, the constitutional system of separation of powers would be significantly altered.

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