News & Perspectives

U.S. Supreme Court Hears Oral Arguments on Constitutionality of Affordable Care Act (ACA)

13. November 2020 Sam Fish Health

On Tuesday, November 10, 2020, the U.S. Supreme Court heard oral arguments on the third case challenging the constitutionality of the ACA.  The case brought by a number of Republican State Attorney Generals arose because Congress reduced the penalty attached to the individual mandate to zero. 

The issues before the Court are whether the reduction to zero renders the mandate unconstitutional, and if so, whether the entire Act becomes unconstitutional as well. 

Indications from the questions by the Justices are that normally conservative-leaning Chief Justice Roberts and Justice Cavanaugh appear to cast doubt on striking down the entire ACA.