The Denver Post

Obamacare unlikely to get new hearing

- By Paige Winf ield Cunningham

Will Obamacare get a fifth major hearing in the nation’s highest court? Probably not — but never say never when it comes to the nation’s controvers­ial health-care law.

There’s a new legal challenge raising the possibilit­y — albeit a slight one — that the Supreme Court could hear a reprise of the first major Affordable Care Act lawsuit from six years ago. Twenty conservati­ve, ACAopposin­g states, led by Texas, have filed suit in federal court arguing the entire law is invalid because the reason the court found it constituti­onal — its penalty for lacking health coverage — will go away in January under the tax overhaul passed by Congress.

The case went relatively unnoticed until last week, when the Trump administra­tion made legal waves saying it won’t defend the ACA against this new challenge. Such a posture is rare but not unpreceden­ted (recall that the Obama administra­tion refused in 2011 to defend the federal law banning the recognitio­n of same-sex marriage because it considered the legislatio­n unconstitu­tional).

If you consider recent history, it’s probably about time for another dramatic, Obamacare-flavored Supreme Court case. Just about every other year since Congress has passed the ACA, the Supreme Court has heard a challenge to the sweeping health-care law.

There was the 2012 NFIB v. Sebelius decision, which upheld the law’s individual mandate to buy coverage. Two years later, the court eased contracept­ion coverage requiremen­ts for certain corporatio­ns.

Then, in 2015, there was the infamous King v. Burwell ruling in which the court said insurance subsidies could be provided even in states relying on the federal Healthcare.gov website instead of running their own marketplac­es. The following year, the court heard a challenge to an “accommodat­ion” for nonprofit employers that objected to covering birth control, although it ultimately punted that decision.

How serious, really, is this latest challenge from Texas and Co.? We can’t say with 100 percent certainty, especially considerin­g that no one took the King case very seriously at first. But it’s hard to imagine the Supreme Court is itching to reconsider the same old questions of A) whether it’s constituti­onal for the government to require people to buy health insurance and B) whether the rest of the law can stay in effect without the individual mandate.

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