Tuesday round-up
on Nov 10, 2020 at 9:35 am
It’s Obamacare day at the Supreme Court. In California v. Texas, which will be argued at 10 a.m. EST, the Affordable Care Act returns to the court for the seventh time in eight years. The case is the second full-fledged constitutional challenge seeking to invalidate the entire law (the first being National Federation of Independent Business v. Sebelius in 2012). Republican state officials, joined by the Trump administration, argue that Congress rendered the law’s individual insurance mandate unconstitutional when, in 2017, Congress zero-ed out the penalty for failing to comply with the mandate. The Republican states argue further that the mandate cannot be severed from the rest of the law and that, as a result, the entirety of the law must be struck down. Our case preview is here. Our symposium on the case is here. Our podcast episode on the case is here.
Here’s a round-up of other Supreme Court-related news and commentary from around the web:
- Obamacare Is Back in Court. The Stakes Couldn’t Be Higher. (Abbe Gluck, The New York Times)
- Fate of Obamacare law rests with U.S. Supreme Court once again (Lawrence Hurley, Reuters)
- Eyes on Barrett, Kavanaugh and Gorsuch as Supreme Court decides Obamacare’s future (Joan Biskupic, CNN)
- Will Supreme Court Invalidate Obamacare A Decade After It Was Enacted? (Nina Totenberg, NPR)
- On the Eve of Argument in California v. Texas (Jonathan Adler, The Volokh Conspiracy)
- The Fallout of a SCOTUS Health-Care Decision Could Be Quick, Devastating, and Irreversible (Nicholas Bagley, The Atlantic)
- ObamaCare Returns to the Supremes (Editorial Board, The Wall Street Journal)
- The Affordable Care Act Challenge and the Senate Runoff Elections in Georgia (Michael Dorf, Verdict)
- Invalidate entire Affordable Care Act (Devin Watkins, USA Today)
- Obamacare faces Supreme Court remade by Trump (Susannah Luthi, Politico)
- As Supreme Court Weighs Obamacare, Health Insurers See Law’s Survival (Bruce Japsen, Forbes)
We rely on our readers to send us links for our round-up. If you have or know of a recent (published in the last two or three days) article, post, podcast or op-ed relating to the Supreme Court that you’d like us to consider for inclusion, please send it to roundup@scotusblog.com. Thank you!
