A U.S. appeals court on Tuesday dealt a significant blow to the Affordable Care Act, when it threw out an IRS regulation that governs subsidies. But before the ink dried on that decision, another three-judge panel hearing a similar case issued a decision that was completely opposite.
In essence, by a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit struck down subsidies in the 36 states that did not set up their own insurance exchanges.
A spokeswoman for the Department of Justice said the Obama administration will ask the case to be heard by the full 11-judge panel.