Whatever the Justices are thinking, the fate of Obama’s signature achievement again rests in their hands (though probably not for the last time). Oral argument will likely be heard sometime in March, with a decision expected by late June. In the meantime, Americans that depend on the subsidies for life-saving healthcare will be waiting with bated breath.
The case may also be another opportunity for debate about the appropriateness of the sentencing practices broadly to come to the forefront. While courts have long limited or avoided the question of constitutional rights at most sentencing, this most recent wave of cases, led by Jones, might just usher in a new era of sentencing scrutiny. Or at least that’s what it seems the three dissenters might have in mind. But for now, it appears they will have to wait for another day.