The Affordable Care Act is on the November ballot. A Democratic trifecta saves the law. Divided government allows for a troll of a lawsuit to overturn the law.
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.
Vote, organize and advocate accordingly.