The Affordable Care Act (ACA) escaped repeal last year, though Republicans have subsequently taken a number of steps to undermine the law. These actions have certainly wounded the ACA, but not struck at the heart of its benefits or protections. Now, however, a seemingly convoluted legal case bolstered by the Trump administration threatens to do what these legislative and administrative actions could not.
The case was originally filed by a number of Republican state attorneys general. Their legal argument goes like this:
In 2012, the US Supreme Court upheld the ACA’s individual mandate, based on the argument that it was enforced by a tax penalty and that the federal government has the constitutional power to tax.
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Larry Levitt, MPP Larry Levitt, MPP, is Executive Vice President for Special Initiatives at the Kaiser Family Foundation (KFF) and Senior Advisor to the President of the Foundation. Among other duties, he is Co-executive Director of the Kaiser Initiative on Health Reform...