THE VACANCY CREATED BY the death of Justice Ruth Bader Ginsburg is certain to have profound implications on the Supreme Court for decades to come as Republicans try to further solidify a conservative-leaning bench with President Donald Trump’s nominee.
But the impending and likely contentious confirmation battle is expected to have a more immediate ripple effect in the upcoming term with one of the most consequential cases on the docket: the future of the Affordable Care Act.
The Obama-era law is facing its biggest test in years as the court reexamines the individual mandate, the provision requiring Americans to purchase health insurance or pay a penalty. The mandate faces questions again over its constitutionality since Republicans in Congress repealed the penalty and reduced it to zero as part of the 2017 tax cut bill.
The ACA, which has been the subject of arguments before the high court half a dozen times, has come under assault from Republicans since its enactment in 2010, and proponents are loudly sounding the alarm with the potential for the entire law to come undone in the landmark case, California v. Texas. A federal court, supported by the Trump administration, ruled that because the individual mandate has been invalidated, the entire Affordable Care Act should be dismantled, a decision that would have monumental consequences especially amid an ongoing pandemic…Read more>>