The death of Justice Ruth Bader Ginsburg comes just as the Supreme Court was about to hear a case challenging the ACA. It could end Medicaid expansion and protections for preexisting conditions.
, a three-judge 5th Circuit appeals court panel in New Orleans agreed that without the penalty the requirement to buy insurance is unconstitutional. But it sent the case back to O'Connor to suggest that perhaps the entire law need not fall.
While the fate of the ACA was, and is, a live political issue, few legal observers have been terribly worried about the legal outcome of the case now known as, if only because the case seemed much weaker than the 2012 and 2015 cases in which Roberts joined the court's four liberals.
Some court observers argue that Justice Brett Kavanaugh has not favored invalidating an entire statute if only part of it is flawed and might not approve overturning the ACA. Adult children under age 26 would no longer be guaranteed the right to remain on their parents' health plans, and Medicare patients would lose enhanced prescription drug coverage. Women would lose guaranteed access to birth control at no out-of-pocket cost.
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Current, former justices release personal statements on Ruth Bader GinsburgCurrent and former Supreme Court justices are offering their condolences in the wake of the death of Supreme Court Justice Ruth Bader Ginsburg on Friday. Her fellow justices released personal statements today honoring Justice Ginsburg's memory.
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