Is the supreme court going to throw out Obamacare in 2021?

18 Answers

  • Anonymous
    1 day ago

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  • 2 days ago

    It doesn't sound like it.

    The trouble with conservatives hoping they'll get people on the Supreme Court to do their bidding like Trump expected them to is that it takes someone of a certain temperance to spend their life as a jurist, and they're just not going to take a political argument and run with it for the sake of politics.

    Personal ideology, sure.  There's no getting around that.  You're going to look at the law from your own point of view, taking into account your own experiences and how they've influenced your thinking, but just for sheer politics?  No.

    That's why we appoint them for life... so politics no longer apply to them and they can base their thinking on what the Constitution and the law requires.

    Justice Kavanaugh pretty much signaled right out of the gate he had little interest in the argument being made by conservative states that the entire law should be thrown out over the individual mandate, saying during oral arguments the case seemed very straightforward to him and the remedy was to "sever" the provision of the law which provides for the individual mandate rather than strike down the whole law.

    Chief Justice Roberts pointed out if the Court were inclined to strike down the law over the individual mandate, it would have done so the last time it heard a case on the matter back in 2012 and decided not to do that.

    It'd be nice for conservatives to be able to say they know how Justices Coney Barrett and Gorsuch will rule, but Justice Coney Barrett indicated that while she didn't agree with Chief Justice Roberts's legal reasoning in 2012, she also favors severability where possible-- which in this case, it is-- and Justice Gorsuch has proven he's not going to just be some conservative rubber-stamper.

    However, it makes little difference how the two of them rule, because only five votes are needed to uphold the law.

    We know from previous cases the three more liberal leaning justices aren't likely to vote to strike down the law, so that's three.

    We know from previous cases Chief Justice Roberts is unlikely to strike down the law, since he is effectively why the law has been upheld to this point.

    That's four.

    Now Justice Kavanaugh has signaled he sees no legal basis for striking the entire law down rather than just the provision which provides for the individual mandate.

    That's likely vote number five, and the preservation of the Affordable Care Act.

    And if Justice Coney Barrett sticks to her previous statements about severability, that could likely be vote number six, considering the specific matter before the Court.

    So I would say it's doubtful.

  • Anonymous
    2 days ago

    no way...................

  • 4 days ago

    No. Lol.       

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  • Anonymous
    4 days ago

    No, once we even the Supreme Court out, things will be fair and even again.

  • Heidi
    Lv 4
    4 days ago

    I don't believe so.........

  • 4 days ago

    I doubt it.  I think even Trump's appointees are square shooters and will judge the law for the law, not for political reasons.

  • 5 days ago

    No.  The oral argument were held and two of the Republicans (Roberts and Kavanaugh) both expressed extreme skepticism for the legal argument being advanced by the Texas AG.

  • .
    Lv 4
    5 days ago

    I doubt it, but we can hope so. The federal government has no business in the business sector.

  • Anonymous
    5 days ago

    Of course anything's possible, but ACA has been around for over a decade now and SCOTUS hasn't overturned it or any part of it so far, so, no, all but certainly not. That is an unlikelihood of the utmost extreme. 

    To overturn ACA, SCOTUS would have to find it un-Constitutional, so under what possible theory of Constitutional law would SCOTUS? I can think of none. The Social Security Act (SSA) has been around since 1935. It hasn't been overturned by SCOTUS, and any judicially activist overturning of ACA by SCOTUS declaring it un-Constitutional would necessarily also overturn SSA, be the end of Social Security, which includes Medicare (Title XVIII of SSA) and Medicaid (Title XIV of SSA). That's because SSA and ACA are both predicated on identical legal theory in accordance with the US government's Enumerated Powers as granted by the Constitution. 

    So is SCOTUS going to overturn ACA and so also SSA this coming year? Not likely, not at all likely.

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