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King Cert Petition Delayed

By Carrie Severino | September 4th, 2014

The Supreme Court just granted the government an additional 30 days to respond to the cert petition in King v. Burwell, the case challenging IRS attempts to expand Obamacare subsidies to states that didn’t set up exchanges.

As I wrote earlier, the speed with which the King plaintiffs filed their cert petition meant that the Supreme Court could vote on whether or not to take up the case as early as October. Now that the court has granted an extension, that moves the likely date of consideration to November, by my count. While that still allows ample time for the Court to fit the case onto this term’s schedule, it increases the likelihood that the D.C. Circuit will have already decided whether or not to hear Halbig v. Burwell – the case decided almost simultaneously with King that came to the opposite conclusion.

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