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A6 U.S. NEWS
Tuesday 3 March 2020
Supreme Court will decide the fate of Obama health care law

By MARK SHERMAN not buying coverage.
Associated Press Congress made no other
WASHINGTON (AP) — The changes to the law.
Supreme Court agreed Texas and other Republi-
Monday to decide a law- can-led states sued, argu-
suit that threatens the ing that the elimination of
Obama-era health care the penalty rendered the
law, a case that will keep law's so-called individual
health care squarely in mandate unconstitutional.
front of voters even though U.S. District Judge Reed
a decision won't come until O'Connor agreed, add-
after the 2020 election. ing that the mandate was
The court said it would hear so central to the law that
an appeal by 20 mainly without it the rest of the law
Democratic states of a must fall, too.
lower-court ruling that de- While finding the health
clared part of the statute law's insurance require-
unconstitutional and cast a ment to be unconstitution-
cloud over the rest. al, the appeals court made
For the more than 20 mil- no decision on such popu-
lion people covered un- lar provisions as protections
der "Obamacare," noth- for people with preexisting
ing changes while the Su- conditions, Medicaid ex-
preme Court deliberates. pansion and coverage for
The law's subsidized private young adults up to age 26
insurance coverage and on their parents' policies.
Medicaid expansion re- The 5th Circuit sent the
main in place while the is- case back to O'Connor to
sues are litigated again. determine whether other
Defenders of the Afford- parts of the law can be
able Care Act argued that separated from the insur-
the questions raised by the ance requirement and thus
case are too important to remain in place.
let it drag on for months or University of Notre Dame
years in lower courts and law professor Richard Gar-
that the 5th U.S. Circuit In this Jan. 27, 2020 photo, the Supreme Court is seen in Washington, DC. nett said the high court's
Court of Appeals in New Associated Press decision to "intervene now,
Orleans erred when it struck and not -- as it could have
down the health law's now would still be protected. University in Virginia and a asked for a fast-track re- -- to wait for the case to
toothless requirement that Neither the White House supporter of the ACA. view with a decision by late develop more below, sug-
Americans have health in- nor congressional Republi- "I think the Democrats will June, before the 2020 elec- gests that the justices are
surance. cans have specified how. hammer away at the fact tions in November. Instead, skeptical about the chal-
The case will be the third Congressional repeal nar- that the Trump administra- the justices probably will lengers' sweeping argu-
major Supreme Court rowly failed in 2017, when tion is not defending the hear arguments in the fall, ment that the entire Act is
battle over the law since the Republicans controlled law, and basically argu- with a decision likely in the unconstitutional."
President Barack Obama the House and the Sen- ing the whole thing should spring of 2021. Besides expanding insur-
signed it nearly 10 years ate. Any repeal effort now be invalidated," said Jost. Still, California Attorney ance coverage, the 900-
ago, on March 23, 2010. would be blocked by the "They'll focus on issues like General Xavier Becerra page law also made many
The court has twice upheld Democratic-led House un- pre-existing conditions and welcomed the court's deci- changes to other pro-
the heart of the law, with der Speaker Nancy Pelosi. 20 million people losing sion to take up the appeal. grams, including Medicare,
Chief Justice John Roberts The Supreme Court's review health insurance." "As Texas and the Trump community health centers
memorably siding with the of the case guarantees Democratic presidential Administration fight to dis- and fraud-fighting. Sorting
court's liberals in 2012, amid that the fate of the health candidates agree on ex- rupt our healthcare system out whether some provi-
Obama's reelection cam- care law will be in the pub- panding coverage to the and the coverage that mil- sions could remain while
paign. The majority that up- lic's eye as the election ap- 28 million people who re- lions rely upon, we look for- others go with the insur-
held the law twice remains proaches, even if the de- main uninsured, even as ward to making our case in ance mandate would be a
on the court, Roberts and cision doesn't come until they sharply debate how to defense of the ACA. Ameri- colossal effort.
the four liberal justices. 2021. do that. Former Vice Presi- can lives depend upon The justices on Monday
The Trump administration's The timing means written dent Joe Biden and other it," Becerra said in a state- granted two different ap-
views on the law have briefs from both sides will moderates would build on ment. peals, one from the Demo-
shifted over time, but it likely be due in the summer, the ACA, while Vermont The high court action takes cratic states and the other
has always supported get- and arguments could take Sen. Bernie Sanders wants the case out of the hands from the Republican side,
ting rid of provisions that place in early fall before the to institute a new govern- of a federal district judge in that essentially put all the
prohibit insurance com- election, if the court follows ment health plan to cover Texas who had previously issues in front of the court,
panies from discriminating its usual practice of sched- all U.S. residents, including struck down the entire law. from the insurance man-
against people with exist- uling cases. If that hap- those who now have pri- The new case stems from date to the validity of the
ing health ailments. Even pens, audio snippets from vate insurance. the 2017 passage of tax entire law if the mandate
as the administration seeks the oral arguments would "This case is a stark, life- legislation that left in place does not survive. The court
to overturn "Obamacare" be available for campaign and-death reminder how the law's requirement that took no action on a sepa-
in court, President Donald commercials, said Timothy much is at stake this fall," Americans carry health rate appeal filed by the
Trump has claimed people Jost, a retired law profes- Biden said in a statement. insurance but eliminated Democratic-led House of
with preexisting conditions sor for Washington and Lee The Democratic states had the financial penalty for Representatives.q