Last week, the Blue State Attorney Generals asked the Supreme Court to grant cert (accept the case) and then expedite the process on ruling on the constitutionality of the ACA.
Today CO joined a 20-state coalition asking SCOTUS to uphold the #AffordableCareAct. Coloradans have healthcare due to the ACA including 700k w/ preexisting conditions & 400k thru Medicaid expansion. The fight to protect Coloradans’ healthcare continues. https://t.co/L6v1irJYUW
— CO Attorney General (@COAttnyGeneral) January 3, 2020
This is in the backdrop of the 5th Circuit mostly agreeing that 90% of the ACA needs to be thrown out as unconstitutional becuase the individual mandate penalty has been zeroed out and they think that the district court was a little too broad in the severability analysis (save calorie counts on fast food menus etc) but mostly right.
The Blue State AGs are betting that the five judge coalition that upheld the ACA in 2012 in NFIB v Sebelius will uphold the ACA against a far weaker trolling argument in 2020. This is a bet on both actuarial tables as two of the justices (Ginsburg and Breyer) are old and a bet on consistency for Roberts. Four justices are needed to grant cert which is the court’s agreement to hear a case. The four liberal justices are likely to supply those votes. Five votes are needed to expedite a case.
If this case is grant expedited cert, we should expect a ruling in June.
If not, the case percolates for several more years.