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NYT: Key Justices Signal Support for Affordable Care Act

The bulk of the Affordable Care Act, the sprawling 2010 health care law that is President Barack Obama’s defining domestic legacy, appeared likely to survive its latest encounter with the Supreme Court in arguments on Tuesday.

It was not clear whether the court would strike down the so-called individual mandate, which was rendered toothless in 2017 after Congress zeroed out the penalty for failing to obtain insurance.

But at least five justices, including two members of the court’s conservative majority, indicated that they were not inclined to strike down the balance of the law. In legal terms, they said the mandate was severable from the rest of the law.

“It does seem fairly clear that the proper remedy would be to sever the mandate provision and leave the rest of the law in place,” said Justice Brett M. Kavanaugh. Chief Justice John G. Roberts Jr. made a similar point. “Congress left the rest of the law intact when it lowered the penalty to zero,” he said.

Tens of millions of Americans gained insurance coverage under the 2010 law, which includes popular provisions on guaranteed coverage for pre-existing medical conditions, emergency care, prescription drugs and maternity care. Republican state officials, backed by the Trump administration, say that a key provision of the law is unconstitutional, and that this means the whole law must fall.

The law has survived two earlier challenges in the Supreme Court. In 2012, the court upheld the law’s requirement that most Americans obtain insurance or pay a penalty — the “individual mandate.” The vote was 5 to 4, with Chief Justice Roberts writing the controlling opinion, which said the mandate was authorized by Congress’s power to assess taxes. He was joined by what was at the time the court’s four-member liberal wing.

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by Anonymousreply 13November 10, 2020 6:59 PM

Thank f'ing God!

by Anonymousreply 1November 10, 2020 4:25 PM

Gorsuch's literal question today was "What specific injury was caused by ACA to its challengers?". So it's not just Roberts and Kavanaugh. Even Alito is sceptical.

by Anonymousreply 2November 10, 2020 4:27 PM

Uncle Thomas will of course vote to throw out ACA

by Anonymousreply 3November 10, 2020 4:30 PM

One well placed phone call from Gorsuch's and Kavanaugh's benefactor will whip these gutless, spineless cowards back in the Republican party line.

And if you think the Supreme Court justices are above politics, you aren't really connected to reality.

by Anonymousreply 4November 10, 2020 4:40 PM

I don't think GOP wants to touch ACA right this moment. Not going to help them in GA.

by Anonymousreply 5November 10, 2020 4:45 PM

Orange It will hawk-up a bloody tampon when the decision to uphold ACA is released.

by Anonymousreply 6November 10, 2020 5:14 PM

Yeah, this is precisely the wrong moment to hear this case. It makes them look heartless, and they don't need that given how close the GA races are. The real cynics will figure that if they keep the Senate, they can always take a run at ACA in 2021.

Of course, Trump won't have anything to do with that, and since undoing Obama's premiere legislation is one of his lifegoals, he's definitely going to whine about this.

by Anonymousreply 7November 10, 2020 5:23 PM

Still doesn't change the fact that Perdue voted to overturn the ACA...bastard. Hang it around his neck

by Anonymousreply 8November 10, 2020 5:28 PM

Where is Amy Boney Carrot on all of it?

by Anonymousreply 9November 10, 2020 5:34 PM

[quote] "What specific injury was caused by ACA to its challengers?"

It was passed by that colored President! Isn’t that enough?

by Anonymousreply 10November 10, 2020 5:38 PM

R5, the ACA is already dead in Georgia. Trump gave the state an exemption.

by Anonymousreply 11November 10, 2020 5:41 PM

[quote]It was not clear whether the court would strike down the so-called individual mandate, which was rendered toothless in 2017 after Congress zeroed out the penalty for failing to obtain insurance.

California has reinstated the penalty for failure to obtain insurance beginning with 2020. Have any other states done this? Has it been challenged, and if so, what is the likelihood that it would be upheld?

by Anonymousreply 12November 10, 2020 5:52 PM

r11, No, Trump gave GA an exemption from using the ACA Exchange.

Yes, it's just another attempt to undermine ACA but not an exemption from the whole law

by Anonymousreply 13November 10, 2020 6:59 PM
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