Affordable Care Act Under Attack (Again) ⚖️

Tom Mihalek / Reuters

Tom Mihalek / Reuters

Here we go again

On Tuesday, a federal appeals court panel will hear oral arguments regarding the constitutionality of the Obama-era Affordable Care Act. The case, Texas v. Azar, was filed against the federal government by 20 Republican-led states; in addition, the Trump administration has resisted defending the ACA in court. This leaves a group of 21 states with Democratic attorneys general and the House of Representatives to defend the law

What will happen?

In December 2018, Texas federal judge Reed O’Connor ruled that the ACA’s mandate requiring Americans to buy health insurance was unconstitutional, bringing the case to the Fifth Circuit. If the Fifth Circuit agrees with the earlier ruling, it will most likely go to the Supreme Court ahead of the upcoming presidential elections. 


Wall Street Journal: Trump Hopes to Stem Tide of Legal Setbacks on Health Care

Fox News: It’s Time to Bury Obamacare Once and For All and Deliver REAL Health Care Reform

The right emphasizes the early Texas ruling and reiterates the “unconstitutionality” of its individual mandate. Conservatives also blame the left for the extensive court actions that have prevented Pres. Trump from pursuing and implementing some of his health policies


The New York Times: Obamacare in Jeopardy as Appeals Court Hears Case Backed by Trump

CNN: Trump Takes a Fresh Whack at Obamacare

The left views Judge O’Connor’s original ruling as an overstep. News outlets draw attention to the high stakes of Obamacare, describing how the loss of the ACA could impact 21 million Americans’ healthcare, as well as allow for discrimination against individuals with preexisting conditions by health insurers. 

Where's the common ground?

ACA has remained a politically divisive since it was initially enacted into law in 2010. If Texas v. Azar reaches the Supreme Court, it will be the third ruling on the policy’s constitutionality. While both sides differ staunchly on the subject, they agree that a Supreme Court ruling could have a significant impact on the outcome of the upcoming 2020 election. 

A real-time look at the ACA debate:



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