The Supreme Court agreed to take up a request by Democratic-led states to review a case challenging the constitutionality of the Affordable Care Act (ACA), or Obamacare.
The top court justices on March 2 granted the petition filed by California and other states asking the court to review a decision from a lower court that found a key tenet of the ACA unconstitutional. The arguments for this case would likely be heard next term, with a decision by June 2021.
Following the amendment from Congress, a group of red states and two private individuals filed a lawsuit claiming that the provision was no longer constitutional and that the entire ACA needed to be invalidated because the provision was inseverable from the rest of the law.
A district court judge in Texas found in favor of the plaintiffs, prompting an appeal to the appeals court. The circuit court upheld the plaintiffs’ constitutional claims and sent the case back to the district court for a more detailed review of the question of the severability of the individual mandate.
“Deferring review until the litigation in the lower courts is complete thus may help to streamline this Court’s eventual consideration if and when it considers the severability issue and to avoid a partially advisory opinion in the meantime.”
President Donald Trump’s administration and Republicans have taken steps to weaken the ACA in an effort to ultimately repeal and replace the Obama-era law with more lower-cost options. They say the ACA represented government overreach and increased the cost of health care. Meanwhile, Democrats have vowed to strengthen the law following the Republicans’ efforts to invalidate the law through this case.
Meanwhile, Texas Attorney General Ken Paxton reiterated his position that the ACA becomes “unsupportable” without the individual mandate, in a statement sent to The Epoch Times.
“Now that the individual mandate can no longer be preserved as a tax, the constitutionality of Obamacare must be determined. The Fifth Circuit correctly applied existing U.S. Supreme Court precedent when they ruled that the individual mandate itself was unconstitutional,” Paxton said.
“The federal government cannot order private citizens to purchase subpar insurance that they don’t want, and I look forward to finally settling the matter before the U.S. Supreme Court.”
The Justice Department didn’t immediately respond to The Epoch Times’ request for comment.