Experts believe that the judges are unlikely to rule on the recognition of the entire law as invalid
The US Supreme Court on Tuesday heard arguments in a lawsuit from a number of Republican states and the administration of President Donald Trump, which demand invalidation of the Affordable Health Care Act, known as Obamacare.
President-elect Joe Biden criticizes attempts to repeal the law and promises to strengthen it after taking office.
The court session was held in a teleconference format and lasted for about two hours. Judges heard arguments on appeal by a number of Democratic states, including California and New York, as well as the House of Representatives, which is also under Democratic control..
Conservative judges indicated they see a proper legal basis for filing a claim, citing similar scenarios.
Judging by the questions posed by Chief Justice John Roberts and Conservative Brett Cavanaugh, they are skeptical about Republican arguments that the law should be repealed altogether if one of its clauses is deemed unconstitutional. This is a provision obliging citizens to have health insurance under the threat of a fine.
“It’s hard for you to prove that Congress intended to repeal the entire law if the mandatory insurance clause was repealed,” Roberts said, recalling that in 2017 Congress did not repeal the entire law, but removed the penalty clause.. “This seems to be compelling evidence.”.
Apparently, Roberts and Cavanaugh believe that the compulsory insurance provision can be separated from the rest of the law.
According to Cavanaugh, precedents indicate the autonomy of the provisions of the law, that is, one provision can be invalidated, leaving the rest in force..
Liberal judge Sonia Sotomayor questioned the Republican states’ arguments, noting that their claims were not related to compulsory insurance. According to her, if they wanted to challenge other provisions of the law, they should have filed a suit..
Conservatives have held 6 of 9 Supreme Court seats since Senate approved Justice Amy Connie Barrett, nominated for office by President Trump, last month..
Most experts believe that the court will not rule on the complete cancellation of “Obamaker”.
If the law is lifted, up to 20 million Americans could lose insurance, and insurance companies could again refuse to serve people with previously diagnosed diseases..
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