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The Supreme Court will once again determine whether the Affordable Care Act and its individual mandate are constitutional.
On Monday morning, the nation's highest court agreed to hear a case tied to the ACA's requirement that most adults have some type of health care coverage, which is called the individual mandate. The arguments have not been scheduled yet but are most likely to take place this fall, with a ruling in 2021. Until that decision arrives, the health insurance and other protections of the ACA will remain in place.
“A final ruling by the Supreme Court is needed to end years of uncertainty for millions of Americans who worry that they will lose access to critical health care coverage and essential consumer protections,” says Nancy LeaMond, AARP executive vice president and chief advocacy & engagement officer. “It would also end the uncertainty for insurers and state and local governments who must make advance decisions each year about participating in the ACA Marketplaces and other ACA programs.”
The suit revisits a key precedent from shortly after the law was enacted. Eight years ago, in that pivotal ruling, a 5-4 majority of the Supreme Court held that the ACA was constitutional because the individual mandate — which at that time included financial penalties for people who didn't have insurance — was a tax, which is a well-established power of Congress.
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