Benefits Buzz

SCOTUS to Hear ACA Case Today

Posted on November 10th, 2020

The Supreme Court of the United States (SCOTUS) is scheduled to hear oral arguments about the constitutionality of the Affordable Care Act (ACA) today. The underlying issue to be heard is whether the elimination of the Individual Mandate penalty now invalidates some, all, or none of the law. One of the following outcomes is likely to occur:

  • SCOTUS could dismiss the case on technical grounds. They could indicate that the plaintiffs lack standing to bring the lawsuit. The 20 states who brought the lawsuit must prove they or their residents have been hurt by the elimination of the Individual Mandate penalty.
  • SCOTUS could uphold the ACA and keep the law in effect as we know it today.
  • SCOTUS could uphold the ACA but indicate the Individual Mandate is severable from the rest of the law. This would strip the Individual Mandate from the law but keep everything else intact.
  • SCOTUS could uphold the ACA but indicate the Individual Mandate and the provisions most closely associated with the Individual Mandate are now void. This could include things like covering pre-existing conditions.
  • SCOTUS could strike down the ACA in its entirety. If this were to occur, it is believed the effect of the ruling would be delayed giving Congress the opportunity to pass new healthcare legislation.

While oral arguments are scheduled for today, it still may be several months before a final ruling is made. Controversial decisions are usually made at the end of the Supreme Court term. This would mean a decision may not come until sometime around June of 2021.

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