The Supreme Court announced Monday that it will hear another case that could result in the scuttling of ObamaCare when its new term begins in October, though a decision is unlikely before the November presidential election.
The justices will hear an appeal brought by New York, California and other Democratic-led states of a lower court’s decision in December that the law’s individual mandate, which requires Americans to buy insurance or pay a penalty, is unconstitutional.
Texas and 17 other Republican states, backed by the Trump administration, brought a lawsuit in 2018 against the key component of ObamaCare.
They argued that tax legislation passed in 2017 that eliminated the penalty but left the individual mandate in place rendered the entire law unconstitutional.
US District Court Judge Reed O’Connor agreed, ruling the mandate was a central component of the health-care law.
A federal appeals court in New Orleans then struck down the individual mandate but did not make a determination on whether other parts of ObamaCare like coverage of pre-existing conditions must also be removed.
It sent the case back to O’Connor to reconsider.
About 20 million Americans are covered by the plan.
Democrats had asked the court to fast-track a decision for June.
Without that ruling, health care is poised to remain a critical issue in the 2020 presidential campaign.
It will be the third time the Supreme Court has taken up the Affordable Care Act – popularly known as ObamaCare – since it was passed in 2010.
In 2012, the court ruled 5-4 to uphold ObamaCare – with the conservative Chief Justice John Roberts joining the court’s four liberals on the decision.
But since then Trump has added two conservative justices – Neil Gorsuch and Brett Kavanaugh.
The court also ruled for ObamaCare in 2015 in a 6-3 decision.
Congress tried to kill the former president’s landmark domestic achievement dozens of times, with the most notable attempt taking place in July 2017 when Sen. John McCain gave a thumbs down, signaling his critical no vote on repealing the health-care plan.
With Post wires
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