On Tuesday, Jude Amy Coney Barrett said that the challenge facing the ACA (Affordable Care Act) will be considered in the Supreme Court on November 10. And earlier judgments will not factor in this decision.
Landmark Precedents Not To Have An Impact On ACA Ruling
There have been two landmark cases earlier on ACA. One such case was the landmark ruling of Chief Justice John Roberts in National Federation of Independent Business v. Sebelius. Barrett says that this judgment was in favor of the Affordable Care Act in a 5 to 4 decision.
However, the current challenge pending in case of the Affordable Care Act does not get nullified by the above-mentioned ruling, adds Amy Coney Barrett.
Another 2015 Supreme Court ruling had upheld the ACA in a 6 to 3 decision. This was the King v. Burwell judgment that ruled that individuals were qualified for premium tax credits despite their place of living, health insurance status or so on.
Issue Of Severability On ACA Ruling
Amy Coney Barrett, a 7th circuit Court of Appeals Judge mentions that ACA has been challenged by 20 Republican state governments on the basis of severability. This issue was not a determining criterion for the precedents. It seeks to challenge Congress’s act of eliminating tax penalties linked with individual mandates.
Democrats suggest that Amy Coney Barrett has been nominated by Trump to strike down the ACA. But Republicans continue to disbar this claim.Amy Coney Barrett, Republican, Affordable Care Act