The Justice Department is asking a full appeals court to take up a case that endangered subsidies helping millions people afford health care premiums under the president's health care law.
Last week, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit said financial aid can be provided only in states that set up their own insurance markets, or exchanges.
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Two judges nominated by Republican presidents formed the majority over a dissent from a Democratic nominee.
On Friday, the Justice Department asked all the judges on the Washington court to consider the case. If the full court takes the case, the numbers would shift, with eight Democrats and five Republicans hearing the case, including two semi-retired judges who would participate.