Will Supreme Court Invalidate Obamacare A Decade After It Was Enacted?Breaking News
tags: Supreme Court, Obamacare, ACA, Affordable Care Act
Obamacare is back before the Supreme Court on Tuesday, with opponents challenging it for a third time. The first attempts to derail the law failed in the high court by votes of 5-to-4 and 6-to-3. But the makeup of the court is very different now, with three justices appointed by President Trump – among them new Justice Amy Coney Barrett.
Before her nomination, Barrett consistently criticized the court's two previous decisions, a critique that Senate Democrats repeatedly bludgeoned her with at her confirmation hearings.
But the ACA has remained in place for a decade, and the legal landscape has changed so much over that time that many of those who originally took issue with the law in the Supreme Court think this challenge is a stretch. In fact, most of the groups that fought the ACA after it was enacted in 2010 are missing in action from Tuesday's case.
The most controversial part of the ACA when it passed was the requirement that people either buy health insurance or pay a penalty. In 2012, Chief Justice John Roberts and the court's other conservative justices ruled that the individual mandate exceeded Congress' power to regulate interstate commerce. But Roberts provided the fifth vote to uphold the penalty anyway on the grounds that it amounted to a tax and thus fell within the taxing power of Congress. Bottom line: The mandate survived.
Now comes another challenge to the ACA, brought by Texas, other GOP-dominated states and most significant of all, the Trump administration. They assert that because the penalty has been zeroed out, it raises no revenue, is no longer a tax and thus is unconstitutional.
comments powered by Disqus
- The Debt Ceiling Law is now a Tool of Partisan Political Power; Abolish It
- Amitai Etzioni, Theorist of Communitarianism, Dies at 94
- Kagan, Sotomayor Join SCOTUS Cons in Sticking it to Unions
- New Evidence: Rehnquist Pretty Much OK with Plessy v. Ferguson
- Ohio Unions Link Academic Freedom and the Freedom to Strike
- First Round of Obama Administration Oral Histories Focus on Political Fault Lines and Policy Tradeoffs
- The Tulsa Race Massacre was an Attack on Black People; Rebuilding Policies were an Attack on Black Wealth
- British Universities are Researching Ties to Slavery. Conservative Alumni Say "Enough"
- Martha Hodes Reconstructs Her Memory of a 1970 Hijacking
- Jeremi Suri: Texas Higher Ed Conflict "Doesn't Have to Be This Way"
- New transcript of Ayn Rand at West Point in 1974 shows she claimed “savage" Indians had no right to live here just because they were born here
- The Mexican War Suggests Ukraine May End Up Conceding Crimea. World War I Suggests the Price May Be Tragic if it Doesn't
- The Vietnam War Crimes You Never Heard Of