The Future of the Affordable Care Act

An Alert from the Small Business Legislative Council
The Future of the Affordable Care Act
The U.S. Supreme Court announced that it will hear the latest challenge to the Affordable Care Act (ACA). While the fact that this case would end up before the highest court is not a surprise, the announcement does bring some clarity to the potential timeline and manner in which this case may play out.The case, which will go before the Supreme...

The U.S. Supreme Court announced that it will hear the latest challenge to the Affordable Care Act (ACA).  While the fact that this case would end up before the highest court is not a surprise, the announcement does bring some clarity to the potential timeline and manner in which this case may play out.

The case, which will go before the Supreme Court under the name Texas et al v. United States of America et al, is actually a consolidation of a few different cases.  The underlying challenge to the ACA was brought by more than a dozen Republican Attorneys General and two individual plaintiffs. In response a number of Democrat Attorneys General and Governors, and more recently the Democrat-controlled U.S. House of Representatives, have stepped in to defend the law.

With the earlier District Court’s decision stayed pending Supreme Court review, this means that the ACA status quo will continue through the election. While this may draw a sigh of relief from many Republicans, even if the case won’t be decided before the election, there is still a chance it might be argued before the election. As we have seen as this case has developed, and as will only be exacerbated at the Supreme Court level, each significant decision in action in the case casts a light on the overarching issues and debates surrounding the future of the ACA – meaning this case could still pose a political wildcard before the election or for the winners who could find themselves grappling with some very serious decisions depending on the Supreme Court’s ruling.

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