Today several states and the Trump Administration are filing their opening briefs in California v. Texas, asking the Supreme Court to strike down the entire Affordable Care Act. They rely on unsound reasoning to claim that when Congress reduced the penalty for not carrying health insurance to $0, it rendered the mandate to have insurance unconstitutional and the entire law must fall.
The Center stands strongly against this lawsuit, which would rip away health care from millions and eliminate protections for people with pre-existing conditions, all during a pandemic. In May, the Center submitted an amicus brief, along with AARP and Justice in Aging, highlighting the devastating effects that striking down the law would have on Medicare and millions of older adults. The ACA significantly improved and is now woven into Medicare. It closed the Part D prescription drug “donut hole,” made many preventive services free, and strengthened the long-term financial solvency of the program. All of this is now at risk if the lawsuit “succeeds.”
The case will be argued at the Supreme Court this fall, with a decision expected by the end of the Court’s next term in June 2021.