A federal appeals court will consider the fate of the Affordable Care Act on Tuesday, setting the stage for a major decision later this summer that could impact health care benefits for millions of Americans.
A federal appeals court on Tuesday will consider the fate of the Affordable Care Act, setting the stage for a major decision later this summer that could impact health care benefits for millions of Americans and supercharge debate over the law in the heat of the 2020 campaign.
In December, Judge Reed O’Connor of the Northern District of Texas declared the ACA’s individual mandate unconstitutional and inseverable from the rest of the law, invalidating all aspects of Obamacare. Defenders of Obamacare counter that Congress explicitly voted not to repeal the law, leaving most of it in place despite reducing the financial penalty for non-insurance. The law “no longer compels any individual to maintain healthcare coverage – or to take any other action,” supporters write in court documents. “At most, the remaining provision is a precatory encouragement to buy health insurance, which poses no constitutional problem.
An estimated 52 million Americans have pre-existing health conditions that insurers could have denied coverage to under pre-ACA rules in most states, the Foundation says. Trump told ABC News in June that he will be unveiling a “phenomenal” health care plan within the next two months. The appeals court decision, expected by the end of the summer, could add pressure on the administration and Republicans to put forward a viable alternative to Obamacare.
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