Congressional Digest

Supreme Court Debates April 2015 No. 4 Vol. 18
Lower Court Holding in King v. Burwell

Health Care Subsidies

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Lower Court Holding in King v. Burwell

Decision of the Fourth Circuit U.S. Court of Appeals

Because this case concerns a challenge to an agency’s construction of a statute, we apply the familiar two-step analytic framework set forth in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984). At Chevron’s first step, a court looks to the “plain meaning” of the statute to determine if the regulation responds to it. If it does, that is the end of the inquiry and the regulation stands. However, if the statute is susceptible to multiple interpretations, the court then moves to Chevron’s second step and defers to the agency’s interpretation so long as it is based on a…

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