On March 4, the Supreme Court will hear oral arguments in King v. Burwell, a lawsuit designed by conservative advocates to destroy Obamacare. If the plaintiffs prevail, about 8 million people could lose their health insurance. Premiums are likely to skyrocket by 35 percent or more, threatening coverage for millions of others. Health policy experts have estimated that nearly 10,000 people a year could die prematurely if they lose their coverage. Obamacare itself could collapse.
The King case started out as a legal theory hatched by a group of conservative lawyers in 2010 at a conference sponsored by the American Enterprise Institute, the right-leaning think tank. Attendees were urged to devise a litigation strategy to bring down the Affordable Care Act, which months earlier had been signed into law. The libertarian Competitive Enterprise Institute, a think tank funded by big pharmaceutical firms, oil and gas outfits, the Koch brothers, Google, tobacco companies, and conservative foundations, answered the call. (“This bastard has to be killed as a matter of political hygiene,” Michael Greve, then CEI chairman, said at the conference.) But CEI had to recruit plaintiffs—actual people who could claim they had been harmed by the Affordable Care Act in a particular way—to launch its lawsuit.
So who are the two men and two women that CEI handpicked to front its assault on Obamacare? What harm had they suffered as a result of the health care law? And why are they willing to put their names on a suit that could jeopardize the health coverage of millions of fellow Americans?