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 Enduring Appeal of the BBC's "Desert Island Discs" – the Longest Running Interview Show
- White Conservative Parents Got an Educator Fired, then Chased Her to Her Next Job
- Teaching Black History in Virginia Just Got Tougher
- If Ending Roe Isn't Enough, SCOTUS May Blow Up the Regulatory State
- "All the President's Men": From Misguided Buddy Flick to Iconic Political Thriller
- Belew to Maddow: Fascist Groups are "Nationwide Paramilitary Army"
- Far Right Extremism, Paramilitarization, and Misogyny – Statement of Alexandra Stern to the January 6 Committee
- Northwestern Prof and Evanston HS Teachers Engage Illinois Black History
- Jamie Martin: The Rotten Roots of the IMF and World Bank
- Review: Gary Gerstle Argues the Pandemic Killed the Neoliberal Era (But Democrats Don't Know It Yet)