Title : "The Supreme Court will hear a third challenge to the Affordable Care Act, this time at the request of Democratic-controlled states that are fighting a lower court decision..."
link : "The Supreme Court will hear a third challenge to the Affordable Care Act, this time at the request of Democratic-controlled states that are fighting a lower court decision..."
"The Supreme Court will hear a third challenge to the Affordable Care Act, this time at the request of Democratic-controlled states that are fighting a lower court decision..."
"... that challenged the constitutionality of the law. The court’s review will probably come in the term that begins in October, which would not leave time for a decision before the November election. The law remains in effect. The court earlier had turned down a motion by the House of Representatives and Democratic-led states to hear the case this term."Reports Robert Barnes in WaPo.
SCOTUSblog explains the legal issue like this:
In 2012, Chief Justice John Roberts agreed with the court’s four more liberal justices that the mandate was constitutional because the penalty imposed on individuals who did not buy health insurance was a tax, which the Constitution allows Congress to impose. But in 2017, Congress enacted an amendment to the ACA that set the penalty for not buying health insurance at zero – but left the rest of the ACA in place. That change led to the dispute that is now before the court: A group of states led by Texas (along with several individuals) went to federal court, where they argued that because the penalty for not buying health insurance is zero, it is no longer a tax and the mandate is therefore unconstitutional. And the mandate is such an integral part of the ACA, they contended, that the rest of the law must be struck down as well....That is, the thing that is now nothing has become everything, because Congress would not have passed the ACA without the element that used to be something.
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