What Ruth Bader Ginsburg's death could mean for the Obamacare hearing on Nov. 10
The death of Ruth Bader Ginsburg is a tragedy for the country, which has lost a groundbreaking legal icon, and for the many causes she championed.
One is that the Affordable Care Act survives without much fuss, the program goes on as it is, and nobody loses coverage. This lawsuit is so weak that even conservative legal experts who supported previous challenges think it has no basis. Several or all conservative justices might join liberals in rejecting it.
Story continuesWhat The Lawsuit SaysThe alleged constitutional flaw in the Affordable Care Act exists because Trump signed a Republican bill in 2017 that zeroed out the financial penalty for people who didn’t sign up for insurance. The U.S. Court of Appeals for the 5th Circuit heard it next. In a 2-to-1 decision, a pair of Republican-appointed justices agreed with O’Connor’s basic finding. But they also remanded the case back to him, with instructions to consider more carefully whether perhaps some parts of the law can stay.
With Senate Majority Leader Mitch McConnell promising a vote on a Donald Trump nominee to replace Ginsburg, the court could be back at full strength by early November, with a new judge expanding the conservative majority to six. But that is only weeks away, which means it’s also possible the court would hear the case with just eight justices.
But, Bagley warned, guessing how judges will vote in future cases is always risky. It’s not at all difficult to imagine Kavanaugh and the other conservatives voting to strike down the health care law.
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