Health care law on line at court, but is it likely to fall?
U.S. Court News
To hear Democrats tell it, a Supreme Court with President Donald Trump’s nominee Amy Coney Barrett could quickly get rid of the law that gives more than 20 million Americans health insurance coverage. But that’s not the inevitable outcome of a challenge the court will hear Nov. 10, just one week after the election.
Yes, the Trump administration is asking the high court to throw out the Obama-era healthcare law, and if she is confirmed quickly Barrett could be on the Supreme Court when the court hears the case.
But even if the justices agree that the law’s mandate to buy health insurance is unconstitutional because Congress repealed the penalties for not complying, they could still leave the rest of the law alone. That would be consistent with other rulings in which the court excised a problematic provision from a law that was otherwise allowed to remain in force.
Democratic lawmakers, however, sounded alarm bells Monday, the start of four days of hearings before the Senate Judiciary Committee for Barrett.
The party’s vice presidential nominee, Sen. Kamala Harris, who sits on the committee, said Republicans are “trying to get a justice onto the Court in time to ensure they can strip away the protections of the Affordable Care Act.”
“If they succeed, it will result in millions of people losing access to health care at the worst possible time: in the middle of a pandemic,” the California senator said.
Sen. Dianne Feinstein, California’s other senator and the committee’s senior Democrat, said, “Health care coverage for millions of Americans is at stake with this nomination.” And Sen. Sheldon Whitehouse of Rhode Island called Barrett’s nomination a “judicial torpedo aimed” at Affordable Care Act protections, including for preexisting health conditions. Other Democrats on the panel made similar points.
Democrats also repeatedly brought up words Barrett wrote in 2017, when she was a law professor, criticizing Chief Justice John Roberts’ 2012 opinion saving the Affordable Care Act. Barrett wrote that Roberts had “pushed the Affordable Care Act beyond its plausible meaning to save the statute.”
After that 5-4 ruling, which split the court along ideological lines, the justices rejected a second major challenge to the healthcare law by a vote of 6-3 in 2015.
The case before the court this year stems from Congress’ decision in 2017 to eliminate the law’s unpopular fines for not having health insurance. Despite repealing the fines, lawmakers left in place the law’s requirement that virtually all Americans have coverage. Texas and other conservative-led states argue that the change makes the requirement unconstitutional and also dooms the rest of the law because the mandate was so central to it.
But the court could simply “sever” the mandate from the law and leave the rest of the law alone. Many observers see that as a likely outcome and note the upheaval that would result across the American healthcare system if the law were to be struck down in its entirety.
Before the Supreme Court’s term began in October, Paul Clement, who argued in the 2012 Affordable Care Act case, said he wasn’t sure that the addition of a new justice would change the outcome of the case. He suggested that it is unlikely that the whole statute will fall.
Related listings
-
Italy court rules Uber food delivery riders were exploited
U.S. Court News 05/27/2020A court in Milan has ordered the appointment of a judicial administrator to oversee Uber Italy for one year after determining the company’s food delivery service exploited workers, according to Italian news reports.The decision on Friday came a...
-
Texas clinics ask Supreme Court to abortions during pandemic
U.S. Court News 04/12/2020Abortion clinics in Texas on Saturday asked the Supreme Court to step in to allow certain abortions to continue during the coronavirus pandemic.The clinics filed an emergency motion asking the justices to overturn a lower-court order and allow aborti...
-
Spanish court: Google search must show man's acquittal first
U.S. Court News 03/01/2020A Spanish court has partially accepted Google's appeal against a ruling that ordered it to erase news articles about a man accused of sexual abuse, but the new judgement said the company had to display the man's acquittal at the top of any search res...
Any contracts or any transactions can go awry at any time
We know your business means a lot to you and want to understand all the aspects of your business so that we can help you in the best ways possible. We don’t discriminate depending on the size of your company. Our mission statement is to represent all business owners and entrepreneurs by navigating them through the rough waters of business litigation and guiding them to success.
We are attorneys who want to make sure we understand your business objectives and goals before we start providing you with legal counsel individualized to your business. We know what it means to be dedicated to your business. After all, we are a business as well. And just like you, we want to provide the best service we can to our clients.
Any contracts or any transactions can go awry at any time. Sometimes, making important business decisions without legal help from business attorneys could cost you your business.We don’t want you or your business to be misconstrued by anyone. Our attorneys make sure that we communicate with you often to make sure we are giving you the legal guidance you need at all times. We make sure we are responsive in a timely-manner with every single one of our clients to help them identify risks and prevent legal battles before they arise.



