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Looming Legal and Political Fights over Preexisting Condition Protections

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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