In a surprising reversal, the U.S. Circuit Court of Appeals for the District of Columbia yesterday granted request by the federal government to have its full 11-judge bench re-hear the case on whether the government, by regulation, can provide tax credits to exchanges run by individual states. The initial ruling against the administration by the 3-judge panel came out the same day that a panel of appellate judges in Richmond, Virginia, unanimously sided with the administration on the same issue. (Link to prior e-Alert: “Dueling Districts on Major Challenge to Federal Health Reform“) The announcement diminishes the prospect of Supreme Court review of this issue in the near term.
