Supreme Court takes up its third ACA case
WASHINGTON – The Supreme Court agreed Monday to decide the fate of the landmark Affordable Care Act for the third time since its passage a decade ago.
Acting at the behest of 20 states led by California, the high court will review a federal appeals court’s ruling that the law’s central health insurance mandate is unconstitutional.
That ruling in December from the U.S. Court of Appeals for the 5th Circuit was based on Congress’ elimination in 2017 of the tax penalty for those who don’t buy insurance. It left open a more important question: whether the law can stand without the requirement.
The Supreme Court upheld the law, signed in 2010 by President Barack Obama, in 2012 and 2015 by votes of 5-4 and 6-3, respectively. In both cases, Chief Justice John Roberts sided with the court’s four liberal justices – a coalition that may save the law again.
In January, the justices refused to hear the new case on an expedited basis, eliminating any chance they would hear and decide it during this year’s presidential campaign. It is now likely to be scheduled for oral argument in the fall and a decision in 2021.
The ruling by the U.S. Court of Appeals for the 5th Circuit left the law intact but facing an uncertain future. That court sent the case back to a federal district court to decide if the entire law must fall without the insurance mandate and tax penalty.
The issue divides states led by Democratic governors and legislatures from those led by Republicans.