The immediate take-away for employers in Tuesday’s Halbig v. Burwell ruling is uncertainty about what the future brings for the Affordable Care Act. If theHalbig majority prevails, Obamacare has been dealt a serious, if not lethal, blow. 

The statutory interpretation argument raised by the plaintiffs in Halbig was given little chance of success, but this attack has now gained substance and a voice through the Halbig majority opinion. Employers who had ramped up to comply with Obamacare now see that the statute may be vulnerable, and opponents have new hope.

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