One of the most important Supreme Court cases this year is King v. Burwell. The suit questions the legality of the subsidies to low- and middle-income families in the health-insurance exchanges run by the federal government. If the Court rules for the plaintiff, millions of people in the 36 states that did not set up exchanges could lose their subsidies. With insurance now unaffordable for much of the population in these states, their exchanges will no longer be operational, leading to the collapse of the Affordable Care Act in much of the country.

The whole basis for King v. Burwell is one sentence in the 1,700 page law indicating that subsidies are only supposed to be paid to people in states that have set up their own exchanges. This sentence contradicts the rest of the law, which clearly says that people are eligible for the subsidies regardless of whether they are enrolled via a state-established exchange or an exchange established by the federal government. The plaintiff’s argument is also at odds with the understanding of every member of Congress at the time they voted on the bill, as well as the understanding of all the various independent analysts assessing its impact.

In short, King v. Burwell should be a joke case. But in a context where at least four members of the Supreme Court are prepared to rule in whatever way they feel advances the interests of the Republican Party, it is very possible that it will be the basis for undermining a law that provides health insurance to millions of people and access to insurance to tens of millions more.

This predicament should be a warning to members of Congress as they debate the Trans-Pacific Partnership (TPP), and more immediately, the fast-track authority that will facilitate its passage. (A bill to establish such authority will reportedly be introduced in the Senate this week.) Under fast track, President Barack Obama would be able to get TPP an up-or-down vote in Congress without the possibility of amendments or filibuster.

TPP, as well as its sister agreement the Trans-Atlantic Trade and Investment Pact, would establish an investor-state dispute settlement mechanism, which will operate outside the U.S. judicial system. This system will consist of a panel of three judges, who will each be appointed to hear a single case. They are not bound by the laws of the United States, nor are their decisions subject to appeal within the U.S. judicial process. They are to determine solely whether a law or action in question violates the rules of the TPP. Furthermore, the reasoning behind their rulings will be kept secret for several years after the ruling.