King v. Burwell

This summer, the U.S. Supreme Court will decide on a case that could almost entirely dismantle President Obama’s most significant legislation of his presidency. In King v. Burwell, the high court could refuse subsidies for those on the federally-operated exchanges, making premiums unaffordable for those using the federal health care exchange and potentially resulting in enrollees fleeing the program for more affordable, privately-provided health insurance.

The lawsuit was brought forward when challengers argued the plain text of the Affordable Care Act limits federal subsidies to states who establish their own exchanges, which only includes 14 states and the District of Columbia; Wisconsin does not have its own exchange.

Oral arguments were held in early March, and high court watchers say the case could be decided in either direction. Chief Justice John Roberts is expected to be the swing vote, having written the decision that upheld the Affordable Care Act in 2012, however the Chief Justice was quiet during oral arguments.

Should the court decide in favor of the plaintiffs, the IRS will have to stop disbursements of subsidies in the 36 states using the federal exchange.

The court’s decision is expected to be released in late June.

Obergefell v. Hodges

The U.S. Supreme Court is poised to make what could be the final legal decision on same-sex marriage in the United States this June. In Obergefell v. Hodges, the court will decide whether state bans on same-sex marriage, specifically in Kentucky, Michigan, Ohio and Tennessee, are constitutional. Currently, same-sex marriage is legal in 37 states and the District of Columbia, including Wisconsin.

Court observers believe Justice Anthony Kennedy will cast the deciding vote in the case, as he wrote the majority opinion in Untied States v. Windsor, which called the federal ban on same-sex marriage unconstitutional in 2013.

The court’s decision is expected at the end of June.