Will Supreme Court Invalidate Obamacare A Decade After It Was Enacted?
There would be enormous consequences were the court to throw out the ACA, which has survived twice in the high court. But the court's makeup is very different now than on those past occasions.
by Nina Totenberg
Nov 10, 2020
4 minutes
Obamacare is back before the Supreme Court on Tuesday, with opponents challenging it for a third time. The first attempts to derail the law failed in the high court by votes of 5-to-4 and 6-to-3. But the makeup of the court is very different now, with three justices appointed by President Trump – among them new Justice Amy Coney Barrett.
Before her nomination, Barrett consistently criticized the court's two previous decisions, a critique that Senate Democrats repeatedly bludgeoned her with at her confirmation hearings.
But the ACA has remained in place for a decade, and the legal landscape has changed so much over that time that many of those who originally took issue with the
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