The Supreme Court announced this morning it will hear the pending ACA cases. From SCOTUSblog https://www.scotusblog.com/2020/03/justices-grant-affordable-care-act-petitions/#more-292206
California vs Texas
Texas vs California
The two cases have been consolidated and will be heard during the fall and a decision will not be announced until sometime in 2021.
Until then, much will be said and written, all of which will be speculative and much will be no more than electoral rhetoric. Nothing really meaningful or substantive, certainly not up to our high standard of discourse.
Just as it did almost eight years ago, the Supreme Court will once again weigh in on the constitutionality of the Affordable Care Act’s individual mandate. The justices announced today that they had granted two petitions involving the ACA – one by California and a group of states, the other by Texas and a different group of states – asking the Supreme Court to review a ruling by the U.S. Court of Appeals for the 5th Circuit that struck down the mandate. The justices will hear oral argument in the case next fall, with a decision likely to follow sometime in 2021.
The Supreme Court has already rejected a challenge to the constitutionality of the mandate once. 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.
California vs Texas
Issues: (1) Whether the individual and state plaintiffs in this case have established Article III standing to challenge the minimum-coverage provision in Section 5000A(a) of the Patient Protection and Affordable Care Act (ACA); (2) whether reducing the amount specified in Section 5000A(c) to zero rendered the minimum-coverage provision unconstitutional; and (3) if so, whether the minimum-coverage provision is severable from the rest of the ACA.
Texas vs California
Issues: (1) Whether the unconstitutional individual mandate to purchase minimum essential coverage is severable from the remainder of the Patient Protection and Affordable Care Act; and (2) whether the district court properly declared the ACA invalid in its entirety and unenforceable anywhere.
The two cases have been consolidated and will be heard during the fall and a decision will not be announced until sometime in 2021.
Until then, much will be said and written, all of which will be speculative and much will be no more than electoral rhetoric. Nothing really meaningful or substantive, certainly not up to our high standard of discourse.