Health care law on line at court, but is it likely to fall?

Litigation Reports

To hear Democrats tell it, a Supreme Court with President Donald Trump’s nominee Amy Coney Barrett could quickly get rid of the law that gives more than 20 million Americans health insurance coverage. But that’s not the inevitable outcome of a challenge the court will hear Nov. 10, just one week after the election.

Yes, the Trump administration is asking the high court to throw out the Obama-era healthcare law, and if she is confirmed quickly Barrett could be on the Supreme Court when the court hears the case.

But even if the justices agree that the law’s mandate to buy health insurance is unconstitutional because Congress repealed the penalties for not complying, they could still leave the rest of the law alone. That would be consistent with other rulings in which the court excised a problematic provision from a law that was otherwise allowed to remain in force.

Democratic lawmakers, however, sounded alarm bells Monday, the start of four days of hearings before the Senate Judiciary Committee for Barrett.

The party’s vice presidential nominee, Sen. Kamala Harris, who sits on the committee, said Republicans are “trying to get a justice onto the Court in time to ensure they can strip away the protections of the Affordable Care Act.”

“If they succeed, it will result in millions of people losing access to health care at the worst possible time: in the middle of a pandemic,” the California senator said.

Sen. Dianne Feinstein, California’s other senator and the committee’s senior Democrat, said, “Health care coverage for millions of Americans is at stake with this nomination.” And Sen. Sheldon Whitehouse of Rhode Island called Barrett’s nomination a “judicial torpedo aimed” at Affordable Care Act protections, including for preexisting health conditions. Other Democrats on the panel made similar points.

Democrats also repeatedly brought up words Barrett wrote in 2017, when she was a law professor, criticizing Chief Justice John Roberts’ 2012 opinion saving the Affordable Care Act. Barrett wrote that Roberts had “pushed the Affordable Care Act beyond its plausible meaning to save the statute.”

After that 5-4 ruling, which split the court along ideological lines, the justices rejected a second major challenge to the healthcare law by a vote of 6-3 in 2015.

The case before the court this year stems from Congress’ decision in 2017 to eliminate the law’s unpopular fines for not having health insurance. Despite repealing the fines, lawmakers left in place the law’s requirement that virtually all Americans have coverage. Texas and other conservative-led states argue that the change makes the requirement unconstitutional and also dooms the rest of the law because the mandate was so central to it.

But the court could simply “sever” the mandate from the law and leave the rest of the law alone. Many observers see that as a likely outcome and note the upheaval that would result across the American healthcare system if the law were to be struck down in its entirety.

Before the Supreme Court’s term began in October, Paul Clement, who argued in the 2012 Affordable Care Act case, said he wasn’t sure that the addition of a new justice would change the outcome of the case. He suggested that it is unlikely that the whole statute will fall.

Related listings

  • Thai court issues new arrest warrant for Red Bull scion

    Thai court issues new arrest warrant for Red Bull scion

    Litigation Reports 08/23/2020

    A Thai court issued a new arrest warrant on Tuesday for an heir to the Red Bull energy drink fortune, a month after news of the dropping of a long-standing charge against him caused widespread anger.Assistant National Police Chief Lt. Gen. Jaruwat Wa...

  • UK court says face recognition violates human rig

    UK court says face recognition violates human rig

    Litigation Reports 08/05/2020

    The use of facial recognition technology by British police has violated human rights and data protection laws, a court said Tuesday, in a decision praised as a victory against invasive practices by the authorities.In a case trumpeted as the first of ...

  • Apple wins big EU court case over $15 billion in taxes

    Apple wins big EU court case over $15 billion in taxes

    Litigation Reports 07/15/2020

    A European Union court on Wednesday delivered a hammer blow to the bloc’s attempts to rein in multinationals’ ability to strike special tax deals with individual EU countries when it ruled that Apple does not have to pay 13 billion euros ...

Our Eugene Oregon Bankruptcy Practice

Since 2005, Erin Uhlemann has helped individuals and families facing financial difficulties file for bankruptcy relief. Erin's compassion and understanding of the law have helped hundreds of Oregonians achieve a financial fresh start. She started Willamette Valley Bankruptcy to focus on helping clients with bankruptcy and debt issues in the Lane County Area. Erin understands that choosing a bankruptcy attorney who makes you feel comfortable and confident can be as difficult as deciding whether to file a bankruptcy case. Because she knows that filing bankruptcy is not something that you planned to do or look forward to doing, Erin strives to make the process as easy as possible.

Because most people facing bankruptcy do not have extra money to pay fees, Willamette Valley Bankruptcy offers low upfront fees and will work with you to set up affordable payment plans to pay attorney fees and court filing fees. Consultations are always free so that you can get the answers you need before making any sort of financial commitment. If you have questions about attorney fees and payment plans, you can call or email today to get these questions answered.

Business News

Cook County IL Trucking Lawyers We are one of Cook County's leading Workers’ Compensation firms. Illinois workers’ compensation, transportation lawyers. >> read
Santa Ana, CA Workers' Compensation Lawyers We are one of Orange County’s leading Workers’ Compensation firms. >> read