Student Well-Being & Movement

Educators Await Outcome on Health-Care Law

By Mark Walsh — March 17, 2015 2 min read
  • Save to favorites
  • Print

Educators are watching the latest challenge to the federal health-care law to come before the U.S. Supreme Court, with an eye to its potential impact on school districts’ employee-benefits policies. The justices heard extended arguments this month over a key provision of the Affordable Care Act.

There was no clear indication from their questions how the court will rule in the case of King v. Burwell (No. 14-114) on whether President Barack Obama’s administration is observing the law by allowing tax subsidies to go to individuals in 34 states that have declined to establish their own health-insurance exchanges.

A group of Indiana districts that is separately challenging the law’s employer mandate filed a friend-of-the-court brief on the side of four Virginia individuals who say in the case just heard by the court that they would be harmed by the ACA. Meanwhile, the National Education Association filed a brief in support of the law because it says the ACA has expanded health care to more Americans.

The Virginia residents say the law requires them to pay at least some amount out of pocket for coverage they don’t want. One of the challengers, Brenda Levy of Richmond, is a substitute teacher. During the March 4 arguments, some justices questioned whether she and the other challengers have legal standing, based on concerns that they might be eligible for alternatives such as veterans’ coverage or Medicare.

Michael A. Carvin, the lawyer representing the challengers, said that even though Ms. Levy will turn 65 this year, she still faces the prospect of penalties for not having health coverage in 2014.

The arguments moved quickly, though, to the merits of the case.

“The only provision in the [ACA] which either authorizes or limits subsidies says, in plain English, that the subsidies are only available through an ‘exchange established by the state under Section 1311,’ ” Mr. Carvin said.

Justice Elena Kagan told Mr. Carvin that “it’s not a simple four or five words. … It’s the whole structure and context of the provision.”

U.S. Solicitor General Donald B. Verrilli Jr. said that the challengers’ reading of the text “produces an incoherent statute that doesn’t work.”

Justice Antonin Scalia said the ACA probably has numerous “ill-considered” provisions, and Congress could be expected to step in and fix the law if the Internal Revenue Service rules at issue in the case were struck down.

“Well, this Congress … theoretically they could,” Mr. Verrilli replied, as a courtroom packed with several high-ranking U.S. senators and representatives laughed at his reference to congressional gridlock.

Justice Anthony M. Kennedy expressed federalism concerns, including that the challengers’ reading of the law would be so problematic for the states that didn’t establish their own exchanges that it would make the law unconstitutionally coercive. That might call for accepting the Obama administration’s interpretation to avoid such a constitutional ruling, he suggested.

Mr. Carvin said that Justice Kennedy’s logic on that point would jeopardize all manner of federal funding statutes, including the No Child Left Behind Act.

One member of the court was uncharacteristically quiet for most of the 80-minute argument: Chief Justice John G. Roberts Jr., who provided the pivotal vote in 2012 to uphold the ACA’s individual mandate.

A decision is expected by late June.

A version of this article appeared in the March 18, 2015 edition of Education Week as Educators Await Decision on Health Law

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Recruitment & Retention Webinar
Hiring, Retention, and Fill Rates: A Data-Driven Sub Strategy
Explore what keeps substitutes coming back and hear how one district rebuilt its substitute hiring process and improved its fill rate.
Content provided by Frontline Education
Early Childhood K-12 Essentials Forum Early Childhood Education: Building Essential Skills for Success
Join this free virtual event to examine the biggest challenges in supporting young children, from preschool through elementary school. 
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Absenteeism Webinar
Attendance Isn't an Attendance Problem
Boost attendance by strengthening relationships, belonging, and support with practical strategies from Doug Fisher & Nancy Frey.
Content provided by Corwin

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Student Well-Being & Movement Meta Reaches $17B Settlement With States Over Teen Social Media Addiction
The deal with 47 states requires Meta to add child-safety measures to Facebook and Instagram.
4 min read
Head of Instagram, Adam Mosseri, leaves the Ronald V. Dellums Federal Building & United States Courthouse as Meta is on trial over social media addiction in Oakland, California, on August 25, 2026. A coalition of US states is seeking around $200 billion in damages against Meta, which they accuse of intentionally designing Facebook and Instagram to be addictive for children, in a landmark trial.
Adam Mosseri, the head of Instagram, leaves the Ronald V. Dellums Federal Building and United States Courthouse in Oakland, Calif., on Aug. 25, 2026. Meta, Instagram's parent company, has agreed to a $17 billion settlement with 47 states to end a trial over teens' social media addiction.
Karl Mondon / AFP via Getty Images
Student Well-Being & Movement Nebraska's Largest School District Asks Police to Not Use Electric Shock Gloves on Students
Omaha's superintendent made the request after a report that federal immigration officials planned to to use the tools.
5 min read
A look at a Compliant Technologies Generated Low Output Voltage Emitter, G.L.O.V.E., at Omaha Police Headquarters in Omaha, Neb. on Friday, Aug. 14, 2026. The Generated Low Output Voltage Emitter, G.L.O.V.E., "is a less-lethal tool intended to provide officers with an additional option when responding to resistance or a potentially volatile situation," according to the Omaha Police Department.
A photo taken at Omaha, Neb., police headquarters on Aug. 14, 2026, shows a technology known as Generated Low Output Voltage Emitter, or G.L.O.V.E. Photo by Nikos Frazier/Omaha World-Herald via Getty Images. Police in the city agreed this week to stop carrying the gloves, which can deliver electric shocks, while working in schools in Nebraska’s largest public school district.
Nikos Frazier/Omaha World-Herald via Getty Images
Student Well-Being & Movement Opinion Why ‘Just Ask for Help’ Isn't Enough for Teens—and What Schools Can Do Instead
Mental health messaging is out of step with what students actually need, explains one high schooler.
Aanya Remi
4 min read
082024 Opinion REMI hesitant to seek help ly
Liz Yap/Education Week and Canva
Student Well-Being & Movement How a School Bus Will Serve as a Sensory Reprieve for Little Learners
A rural Head Start program will deploy the bus to give young kids tools to manage their emotions.
4 min read
HB A4346
An activity table inside the Pocono Services for Families and Children's new sensory bus on Aug. 20, 2026, in East Stroudsburg, Pa. The bus is set to hit the road this spring to help teach young students how to regulate their emotions through play.
Hannah Beier for Education Week