No one can read the U.S. Supreme Court justices' minds, so everyone in healthcare is parsing their words for signs of how they'll vote in King v. Burwell.
Justice Anthony Kennedy, a potential swing vote in the case, set bloggers abuzz and tweeters a-twitter when he told lawmakers Monday that Supreme Court justices shouldn't take congressional gridlock into account when making decisions.
A ruling against the government in the case could wipe out federal insurance premium subsidies for millions of Americans unless Congress intervenes.
“We routinely decide cases involving federal statutes and we say, 'Well, if this is wrong the Congress will fix it,' ” Kennedy told a House Appropriations Subcommittee during a hearing on the court's 2016 budget request. “But then we hear Congress can't pass a bill one way or the other, that there's gridlock and some people say that should affect the way we interpret the statutes. That seems to me a wrong proposition.”