Dec 8, 2020
With the nation in the throes of a lame-duck congressional session and slow-motion presidential transition, the judiciary is the only branch of the federal government that is working smoothly at the moment, even in the wake of seismic change in the U.S. Supreme Court’s personnel. And, as it happens, employee benefits policy hangs in the balance.
On November 10, the high court heard oral arguments in California v. Texas, the latest lawsuit challenging the constitutionality of the Affordable Care Act. A number of other important benefits cases will also come before the court in the coming months.
In this episode, special guest host James Klein, American Benefits Council president, speaks with Meaghan VerGow, a partner and litigator with the law firm of O’Melveny and Myers and a former clerk for Supreme Court Justice David Souter and for D.C. Appeals Court Judge Merrick Garland. VerGow and Klein discuss the fate of the ACA, the nuances of ERISA litigation and where the “highest court in the land” really is.
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