AARP Hearing Center
A majority of U.S. Supreme Court justices seemed unwilling to invalidate the Affordable Care Act (ACA) based on their comments and questions during two hours of arguments before the high court Tuesday morning. At risk is a law that AARP and other advocates say is a vital health care lifeline for millions of Americans, especially during the COVID-19 pandemic.
The back-and-forth discussion over the law centered mostly on the impact of Congress’ 2017 decision to zero out the penalty on taxpayers who failed to abide by the ACA’s individual mandate requiring most Americans to have health insurance. At issue was whether zeroing out that penalty rendered the whole ACA unconstitutional.
“I think it’s hard for you to argue that Congress intended the entire act to fall if the mandate were struck down, when the same Congress that lowered the penalty to zero did not even try to repeal the rest of the act,” Chief Justice John Roberts said to Kyle Hawkins, the Texas state solicitor general, who argued on behalf of those asking the court to strike down the ACA. “I think, frankly, they wanted the court to do that. But that’s not our job.”
The case challenging the constitutionality of the ACA was originally brought by Texas, 18 other states and two individuals. In December 2019, the Court of Appeals for the Fifth Circuit ruled that the individual mandate was unconstitutional. It sent the rest of the lawsuit back to the lower district court, ordering it to review each provision of the ACA to determine if those other provisions could be separated from the mandate and remain intact. AARP and the AARP Foundation joined 17 states and many other advocacy organizations in asking the high court to overturn that ruling.
“The Justices seemed skeptical that an individual mandate without a penalty supports a challenge to the ACA,” said William Rivera, senior vice president for litigation at the AARP Foundation. “And to the extent that it does, they struggled to see why the rest of the statute could not survive without the mandate. Either way, we are hopeful that the challenge will fail.”
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