The Hill reports that the Supreme Court is adding the toss the entire ACA case, Texas v. Azar to its conference at the end of February:
The Supreme Court on Wednesday listed a closely watched case seeking to strike down the Affordable Care Act for discussion at the justices’ private conference on Feb. 21.
The justices will consider whether to take up the case and on what schedule.
There is at least some possibility they could decide to take the case this term, meaning a ruling would be issued by June. But most observers expect a ruling will not come until after the 2020 election, either because the court waits until the next term to hear it, or because it decides not to take up the case at all until lower courts have finished considering it.
The logic of the case is bananapants as the government brief conceded in a recent brief that there was no damage being alleged or inflicted that was resolvable by a judicial decision. But that does not matter. What matters is what five justices think on any given day. A faster resolution increases the odds that the NFIB v. Sebelius coalition of Roberts, Ginsburg, Breyer, Sotomayer and Kagan will re-affirm their rulings. A long slow process through the courts makes actuarial tables far more relevant.