Ongoing Pressure on the Justices to Define Exactly What Constitutes an “Undue Burden.”

On June 15, 2015, the Supreme Court, without comment, declined to review a decision by a panel of the U.S. Court of Appeals for the 4th Circuit ruling striking down North Carolina’s requirement that doctors take an ultrasound and describe the image to a woman before performing an abortion. The U.S. Court of Appeals found that the requirement violated the First Amendment rights of the doctor performing the procedure.

Urgency for a Heath Care Insurance Contingency Plan

The Obama administration’s top healthcare officials are urging Congress and state officials to develop a solution if the Supreme Court stops the payment of health insurance subsidies to millions of Americans by ruling for the plaintiff in King v. Burwell. Sylvia Mathews Burwell, the Secretary of Health and Human Services, testified before the House Ways and Mean Committee that “[t]he critical decisions will sit with Congress and states and governors.” This sense of urgency for Congress and the states stems from the fact that according to Ms. Burwell and the White House, the Administration has no plan in place to react to the Court’s decision if it strikes down the subsidies.

President Obama: King v. Burwell an easy case?

President Obama declared Monday that King v. Burwell is “an easy case” and further stated that “[f]rankly, it probably shouldn’t even have been taken up.” Obama stressed that he expected the King case to result in a quick ruling, while emphasizing the importance of the Court “do[ing] what most legal scholars who’ve looked at this would expect them to do.” Obama argued that if the Court found contrary to "legal scholars," the Court would essentially level a monumental blow to millions relying on subsidized health care. One wonders what makes this case so easy and why does the President have so much confidence in this case?