Supreme Court to Consider Throwing Out Obamacare. Again.

SK Ashby
Written by SK Ashby

For at least the third time in the last ten years, the United States Supreme Court will hear a case that could see the entire Affordable Care Act thrown out as unconstitutional.

I wouldn't necessarily call that a likely outcome, but the court has agreed to hear the case in October just before the presidential election.

The court is expected to hear arguments and decide the case in its next term, which starts in October and ends in June 2021, meaning a ruling is not likely before the Nov. 3 election in which Trump is seeking a second term in office.

“As Texas and the Trump Administration fight to disrupt our healthcare system and the coverage that millions rely upon, we look forward to making our case in defense of the ACA. American lives depend upon it,” said California Attorney General Xavier Becerra, a Democrat who is leading the defense of the law.

Republicans and conservative interest groups have challenged the law in front of the Supreme Court twice before and the court declined to invalidate it both times, but that doesn't necessarily mean the court will decline again.

Both of the court's prior rulings came before Trump appointed two of his own justices to the court and I think both of them, Neil Gorsuch and Brett Kavanaugh, will probably vote against the law. It may come down to Chief Justice John Roberts yet again.

Chief Justice Roberts was also the deciding vote to uphold the law the last time it was challenged, but relying on him to exercise good judgment does not feel like a safe bet.