A casual search of Westlaw for court decisions using the phrase “Affordable Care Act” produces almost 1000 “hits.” Cursory review of the first half of these, ranked by “relevance,” reveals that at least 200 are direct challenges to the legality of various aspects of the ACA, or to key administrative rules implementing the ACA (such as the rule allowing federal exchanges to pay premium subsidies). Some of these counts are multiple decisions in a single case, so the total number of distinct cases may be fewer than 200.Google Scholar

Examples not mentioned in text include: requiring Congressional employees to purchase their insurance through the small-group exchange in D.C.; the constitutionality of the Independent Payment Advisory Board (which the Obama Administration so far has not even initiated); whether state employers must pay the transitional reinsurance fee; and temporarily delaying the “employer mandate” or other ACA provisions. See Jost, T., “Implementing Health Reform: ACA Litigation Beyond King V. Burwell,” Health Affairs Blog, June 23, 2015, available at <http://healthaffairs.org/blog/2015/06/23/implementing-health-reform-aca-litigation-beyond-king-vburwell/> (last visited October 18, 2016).+(last+visited+October+18,+2016).>Google Scholar

For a supportive view of these challenges, see Blackman, Josh, Unraveled: Obamacare, Religious Liberty, and Executive Power (New York: Cambridge Univ. Press, 2016).Google Scholar

Burwell v. Hobby Lobby, 573 U.S. ___, 134 S. Ct. 2751 (2014).Google Scholar

Zubik v. Burwell, 578 U. S. ____ (2016). The Court encouraged the parties to find a resolution that satisfies concerns on both sides, but it remains unclear whether that is feasible. Justice Scalia's unexpected death may have contributed to the Court's deciding not to resolve the issue, even after the case was briefed and argued on the merits.Google Scholar

Ohio v. United States, 2016 U.S. Dist. LEXIS 473 (S.D. Ohio 2016).Google Scholar

United States House of Representatives v. Burwell, (D.D.C. 2016).Google Scholar

567 U.S. ___, 132 S.Ct. 2566 (2012).Google Scholar

Assistant Secretary for Planning and Evaluation (ASPE), US Department of Health and Human Services, “Health Insurance Coverage and the Affordable Care Act, 2010 — 2016,” March 2016, available at <https://aspe.hhs.gov/pdf-report/health-insurance-coverage-and-affordable-care-act-2010-2016> (last visited October 18, 2016).+(last+visited+October+18,+2016).>Google Scholar

Garfieldand, R. Damico, A., “The Coverage Gap: Uninsured Poor Adults in States That Do Not Expand Medicaid,” Kaiser Family Foundation, January 21, 2016, available at <http://kff.org/health-reform/issue-brief/the-coverage-gap-uninsured-poor-adults-in-states-that-do-not-expand-medicaid-an-update/> (last visited October 18, 2016).+(last+visited+October+18,+2016).>Google Scholar

King v. Burwell, 576 U.S. ___, 135 S. Ct. 2480 (2015).Google Scholar

King v. Burwell, 132 S.Ct. at 2620.Google Scholar

Sissel v. HHS, 2016 U.S. LEXIS 703.Google Scholar

United States House of Representatives v. Burwell, (D.D.C.2016).Google Scholar