Supreme Court to hear case on Affordable Care Act, which Biden pledged to strengthen

[ducks]

https://www.foxbusiness.com/politics...ing-conditions

[ElNono]

Yup, was reading it looks unlikely they'll strike down the whole law, but we'll see.

[Kurgan]

Yup, was reading it looks unlikely they'll strike down the whole law, but we'll see.

What's stopping them from striking down the entire thing? Dems have a very narrow shot at winning the Senate with the runoffs coming up. And Mitch knows Biden's too much of centrist to pack the courts. I don't see what's stopping them from removing it all together. It would give Trump one last win on his way out too after installing three judges during his short 4 years in office. Makes Obama's 8 years look like he accomplished nothing.

[ElNono]

What's stopping them from striking down the entire thing? Dems have a very narrow shot at winning the Senate with the runoffs coming up. And Mitch knows Biden's too much of centrist to pack the courts. I don't see what's stopping them from removing it all together. It would give Trump one last win on his way out too after installing three judges during his short 4 years in office. Makes Obama's 8 years look like he accomplished nothing.

There's no legal reason per-se that would prevent them from striking it down, however, at least from the legal analysis I've read, it's unlikely to happen because the case itself is fairly weak, and striking it down would go against the "severability" legal doctrine that has been preferred by the SCOTUS and has been the precedent for many years.
Justice Kavanaugh himself wrote an opinion recently upholding the same doctrine, and thus the indication is that he would join Roberts and the more liberal Justices keeping the law fairly intact.

Obviously, "unlikely" is not "impossible" and we'll know once they rule.

[Kurgan]

There's no legal reason per-se that would prevent them from striking it down, however, at least from the legal analysis I've read, it's unlikely to happen because the case itself is fairly weak, and striking it down would go against the "severability" legal doctrine that has been preferred by the SCOTUS and has been the precedent for many years.
Justice Kavanaugh himself wrote an opinion recently upholding the same doctrine, and thus the indication is that he would join Roberts and the more liberal Justices keeping the law fairly intact.

Obviously, "unlikely" is not "impossible" and we'll know once they rule.

Thanks for the info. I just assumed with the supreme court majority shifting so heavily in their favor they would do away with it just before Biden takes office to ramp up the instability. What you said seems more reasonable.

[Dirks_Finale]

What's stopping them from striking down the entire thing? Dems have a very narrow shot at winning the Senate with the runoffs coming up. And Mitch knows Biden's too much of centrist to pack the courts. I don't see what's stopping them from removing it all together. It would give Trump one last win on his way out too after installing three judges during his short 4 years in office. Makes Obama's 8 years look like he accomplished nothing.

Not only that, but Joe Manchin won't vote to pack courts or any other crazy stuff like ending filibuster. So the Republicans will likely take senate, but even if they don't, you wont see major movement for 2 years at least.

[Joseph Kony]

Lol, looks like SCOTUS will not strike down Obamacare. Yet another L for Trump and the maga s

[DMX7]

Wow, another win for the DEMS and with a Conservative Super-majority Supreme Court, no less....

[Millennial_Messiah]

Yup, was reading it looks unlikely they'll strike down the whole law, but we'll see.

Yeah, staré decisis, and 2012 did happen, also Roberts is still there. Could strike down part of it but not the pre-existing part tbh.

[Millennial_Messiah]

Lol, looks like SCOTUS will not strike down Obamacare. Yet another L for Trump and the maga s

Not at all.. Like Will Hunting said, the GOP is wise to keep Obamacare away from the SCOTUS until they can win the two Georgia precious senate seats. Otherwise voters in GA might hold that against them.

Of course, since that doesn't occur until January, that guarantees another full year of Obamacare in 2021, since they can't just strike year-by-year policies down in the middle of a benefit year.

[Reck]

First day didn't go great for the trump s.

[Will Hunting]

Not at all.. Like Will Hunting said, the GOP is wise to keep Obamacare away from the SCOTUS until they can win the two Georgia precious senate seats. Otherwise voters in GA might hold that against them.

Of course, since that doesn't occur until January, that guarantees another full year of Obamacare in 2021, since they can't just strike year-by-year policies down in the middle of a benefit year.

They aren’t issuing a ruling until June but the oral argument didn’t go well for the MAGA s. Roberts and Kavanaugh both made their position pretty clear, especially Kavanaugh. Even Gorsuch/Barrett seemed skeptical about being asked to gut Obamacare at times.

[Millennial_Messiah]

They aren’t issuing a ruling until June but the oral argument didn’t go well for the MAGA s. Roberts and Kavanaugh both made their position pretty clear, especially Kavanaugh. Even Gorsuch/Barrett seemed skeptical about being asked to gut Obamacare at times.

Staré Decisis 101

2012 was a few short years ago... not a generation ago.

ACA plans will stand. They might change some terms of it like not forcing people to retroactively pay back money on their taxes if their income exceeded their expected value (due to getting an unexpectedly high paying job, say, in the springtime of the plan year); that would be nice.