ObamaCare facing legal challenges before Supreme Court

by Jenny Mount · Nov 10th, 2020 2:53 pm

Last Updated Nov 11th, 2020 at 12:20 am

ObamaCare is facing legal challenges in the case of California v. Texas, which marks the health care legislation's third time going before the Supreme Court.

A Texas-led coalition that includes 18 Republican states is arguing that a 2017 tax package renders the whole ObamaCare plan unconstitutional. The tax package eliminates ObamaCare's penalty for not having health insurance. The argument stems from a previous Supreme Court ruling that the now-eliminated monetary penalty was what made ObamaCare a constitutionally sound law.

However, 20 Democratic states argue that since Americans can no longer be penalized for not having health insurance, ObamaCare is not a mandate and is therefore constitutional.

ObamaCare has already survived two previous Supreme Court challenges in its 10-year history; however, thanks to the addition of three Trump appointees, it now faces a conservative-heavy court.

The Supreme Court is not expected to make its ruling until spring, by which point President-elect Joe Biden will have been inaugurated.


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