Cornyn predicted the King v. Burwell case that will be argued before the Supreme Court in March will end up going a long way towards undoing the law. The court will decide whether the law allows people participating in the federally run health care exchange to get subsidies. A decision denying the subsidies would significantly undermine the law. "What I expect is that the Supreme Court is going to render a body blow to Obamacare from which I don't think it will ever recover," Cornyn said.
The Affordable Care Act gives states a choice: they can either set up an exchange where consumers can buy subsidized insurance plans or they can elect to have the federal government set up this exchange for them. Consumers with income below a certain level qualify for tax credits to help them afford this insurance. A case called King v. Burwell, however, asks the justices to cut off these tax credits in states with federally-run exchanges.... The plaintiffs' premise in King is that Obamacare was never intended to offer credits to people in states with federally-run exchanges. Indeed, by reading one passage of the Affordable Care Act out of context, they claim that the law unambiguously states that only state-run exchanges are allowed to provide tax credits. But that's not the conclusion Walker reached after spending a couple of years considering the question.