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ACA lawsuit, ACA saved by the CARES Act?
Old 09-05-2020, 09:37 AM   #1
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ACA lawsuit, ACA saved by the CARES Act?

"On Nov. 10, just one week after the presidential election, the Trump administration will ask the Supreme Court to get rid of the Affordable Care Act. The case, California v. Texas, boils down to one question: Did Congress intend the Affordable Care Act to continue without its individual mandate, the requirement that most Americans buy health insurance? But last March, Congress definitively answered the question. It passed two “override” laws that save the Affordable Care Act. The Supreme Court must recognize these overrides and leave the Affordable Care Act intact."...

https://slate.com/news-and-politics/...ct-ruling.html
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Old 09-05-2020, 01:34 PM   #2
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Originally Posted by jim584672 View Post
"On Nov. 10, just one week after the presidential election, the Trump administration will ask the Supreme Court to get rid of the Affordable Care Act. The case, California v. Texas, boils down to one question: Did Congress intend the Affordable Care Act to continue without its individual mandate, the requirement that most Americans buy health insurance? But last March, Congress definitively answered the question. It passed two “override” laws that save the Affordable Care Act. The Supreme Court must recognize these overrides and leave the Affordable Care Act intact."...

https://slate.com/news-and-politics/...ct-ruling.html
Thanks. It is quite interesting.
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Old 09-05-2020, 03:39 PM   #3
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I am waiting on pins and needles for this case to be decided. My ability to retire early depends on whether I can get health insurance. I fear that I won’t be able to if the ACA is struck down, and the last thing I want to do is work til I’m 63.5 (I’d do COBRA for 18 months til I hit 65).

If it is killed, I’m sure some states will protect pre-existing conditions and require guaranteed issue and community rating. There were four states, pre-ACA, that protected pre-existing conditions, but they weren’t states that are on my preferred destination list. Still, I’d rather retire and live somewhere I don’t want to live than work til I’m ready to keel over.
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Old 09-05-2020, 03:55 PM   #4
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I hope the ACA stays as is. Without it I would have to lower my income enough to qualify for Medicaid since I can't reasonably afford full price health insurance.
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Old 09-06-2020, 06:15 AM   #5
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That is an interesting take. The Supreme Court could easily boot this thing back to the lower courts to consider whether through the CARES Act Congress and the President authorized Obamacare to continue absent the mandate. Roberts will be looking for ways to preserve the status quo.
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Old 09-06-2020, 07:33 AM   #6
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I guess one can't build upon something that one believes is invalid. That sounds about right. I think this case got easier for the Supremes.
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Old 09-08-2020, 09:50 PM   #7
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Pretty interesting .. the CARES act just fortified Obamacare and was voted by Congress as law.
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Old 09-26-2020, 05:06 PM   #8
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Ever since RBG’s passing, I’ve been incredibly worried that the ACA will disappear after the case is heard in November. I am very relieved I chose to keep working until I knew how elections and CA v TX impact the ability to purchase health insurance. However, I don’t want to keep working forever (well, til 63 and a half) just so I’m covered.

I won’t say more because I’ll probably overstep into politics and get in trouble. But I’m incredibly concerned.
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Old 09-26-2020, 05:24 PM   #9
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Although the case will be heard in November, will any decision be announced before June? My husband who was furloughed April 1 has now been let go permanently as of October 1 due to international corporate travel still in the dumps and liable to stay that way as long as COVID-19 cases in this country remain at the levels they are. He will go on COBRA for the rest of this year (since he's already met his deductible and may have some significant additional health expenses this year) but his COBRA seems pretty costly considering how much his deductibles and copays are so we'd like to get him on an ACA plan in January but not if it ends halfway through the year and he can't get insured some other way. Just might have to stay with COBRA all the way.

To say we're extremely angry about the situation is an understatement but I'll leave it at that.
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Old 09-26-2020, 05:32 PM   #10
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Although the case will be heard in November, will any decision be announced before June? My husband who was furloughed April 1 has now been let go permanently as of October 1 due to international corporate travel still in the dumps and liable to stay that way as long as COVID-19 cases in this country remain at the levels they are. He will go on COBRA for the rest of this year (since he's already met his deductible and may have some significant additional health expenses this year) but his COBRA seems pretty costly considering how much his deductibles and copays are so we'd like to get him on an ACA plan in January but not if it ends halfway through the year and he can't get insured some other way. Just might have to stay with COBRA all the way.

To say we're extremely angry about the situation is an understatement but I'll leave it at that.

The ruling wouldn’t be expected until June, no. I’ll be on pins and needles until the ruling is in. If the ruling is that the law should be thrown out, who knows what happens. Will people be covered until the end of 2021 or is the insurance immediately null and void? I’m guessing the former, but nobody knows.

Hoping that regardless of who is in power that the concern causes some movement towards a solution in Congress.
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