Bloomberg Law   |  April 1, 2020

“This is still within their authority,” said Keith. “We’re not going to have a decision on the ACA until next year.” Many of the states leading the charge to defend the law have their own marketplaces that they’ve been able to reopen, Keith said. The administration’s decision not to open is more about political optics than the litigation, she said. “Is anyone, including the court, really going to hold it against them if they leverage the tools in their toolbox to fight the pandemic?” she asked. “Legally, I don’t know that it has any bearing. Politically it does.”

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