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Majority backs congressional fix if court nixes Obamacare subsidies

More than five in 10 voters say Congress should pass a law if the Supreme Court invalidates the subsidies for people living in affected states.
Pedro Rojas holds a sign directing people to an insurance company where they can sign up for the Affordable Care Act, also known as Obamacare, before the February 15th deadline on Feb. 5, 2015 in Miami, Fla.
Pedro Rojas holds a sign directing people to an insurance company where they can sign up for the Affordable Care Act, also known as Obamacare, before the February 15th deadline on Feb. 5, 2015 in Miami, Fla.

A majority of voters believe that Congress should pass a law to aid millions of lower-income Americans who could lose their health care coverage if the Supreme Court invalidates the subsidies they receive for living in states that didn't establish their own insurance marketplaces.

A new NBC News/ Wall Street Journal poll shows that 54% of those surveyed say that, if the Supreme Court guts the subsidies, Congress should act to ensure that eligible people in all states are able to receive the federal aid. Thirty-five percent say that Congress should not pass such a law.

The findings come on the eve of arguments in the Supreme Court case known as King vs. Burwell, in which plaintiffs contend that the federal government is violating the law by offering subsidies to lower-income health care enrollees who live in states that have not set up health care “exchanges” or marketplaces. More than 30 states have not set up an exchange.

RELATED: Why the Obamacare lawsuit is a charade

Defenders of the law argue that the intent of the legislation has always been that all qualified Americans – whether those on state or federal marketplaces – are eligible for subsidies.

Perhaps not surprisingly, Republicans -- who largely disapprove of the Obama-backed health care law -- are far less likely to back a new law if the Supreme Court rules against the Obama administration. Just one in four GOP voters say Congress should step in to provide the subsidies, compared with 81% of Democrats.

But there is a dramatic gap between how men and women view the issue. Women are much more likely to say Congress should help provide the health care help. Six in ten women say lawmakers should provide a legislative fix, while 27% disagree. Men are much more evenly split, with 48% backing congressional action and 44% opposing it.

About six in ten Americans said that they have read, seen or heard news reports about the upcoming Supreme Court case, although only 21% say they have heard “a lot” about the issue.

Overall views of the health care law remain largely divided on partisan lines.

Forty-seven percent of those surveyed (including 81% of Democrats) said that the law is working well or needs only minor modifications. Fifty-one percent (including 86% of Republicans) said that the law needs a major overhaul or should be totally eliminated.

The survey of 800 registered voters was conducted February 25-28 and has a margin of error of +/- 3.46%.