That 'unconstitutional' ObamaCare ruling may never affect health-care coverage. Here's why.
Friday night's federal court ruling that the Affordable Care Act (ACA), commonly known as ObamaCare, is unconstitutional because of its individual mandate provision raised two key questions: What does this mean for Americans' health-care coverage? And will the ruling stand?
On the first point, the Centers for Medicare and Medicaid Services said there will be "no impact to current coverage or coverage in a 2019 plan." Beyond that, many legal experts are skeptical of the decision's longevity because though it claims the individual mandate is "essential to and inseverable from the remainder of the ACA," 2017's GOP tax reform law nixed the mandate's penalty.
Law professor Jonathan Adler explained this argument at length at The Volokh Conspiracy and in brief for Vox:
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Ted Frank, director of litigation for the conservative Competitive Enterprise Institute, likewise deemed Friday's ruling "an embarrassingly bad decision," arguing that "if a liberal judge had issued something like it goring a conservative ox, conservatives would be rightly up in arms." And New York Times editorial board member Cristian Farias contended the "partisan, activist ruling cannot stand," urging ACA supporters not to panic.
But George Mason University law professor llya Somin, also writing at The Volokh Conspiracy, sounded a note of greater caution. "I do not expect this ruling to survive on appeal," he said. "But I am not quite as confident on that subject as most other commentators seem to be. The fact that one federal judge has endorsed the states' severability argument increases the odds that others might, as well." Read his reasoning here.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Bonnie Kristian was a deputy editor and acting editor-in-chief of TheWeek.com. She is a columnist at Christianity Today and author of Untrustworthy: The Knowledge Crisis Breaking Our Brains, Polluting Our Politics, and Corrupting Christian Community (forthcoming 2022) and A Flexible Faith: Rethinking What It Means to Follow Jesus Today (2018). Her writing has also appeared at Time Magazine, CNN, USA Today, Newsweek, the Los Angeles Times, and The American Conservative, among other outlets.
-
FDA approves painkiller said to thwart addiction
Speed Read Suzetrigine, being sold as Journavx, is the first new pharmaceutical pain treatment approved by the FDA in 20 years
By Rafi Schwartz, The Week US Published
-
Trump says 25% tariffs on Canada, Mexico start Feb. 1
Speed Read The tariffs imposed on America's neighbors could drive up US prices and invite retaliation
By Peter Weber, The Week US Published
-
Trump blames diversity, Democrats for DC air tragedy
Speed Read The president suggested that efforts to recruit more diverse air traffic controllers contributed to the deadly air crash
By Rafi Schwartz, The Week US Published
-
Chinese AI chatbot's rise slams US tech stocks
Speed Read The sudden popularity of a new AI chatbot from Chinese startup DeepSeek has sent U.S. tech stocks tumbling
By Peter Weber, The Week US Published
-
US port strike averted with tentative labor deal
Speed Read The strike could have shut down major ports from Texas to Maine
By Peter Weber, The Week US Published
-
Biden expected to block Japanese bid for US Steel
Speed Read The president is blocking the $14 billion acquisition of U.S. Steel by Japan's Nippon Steel, citing national security concerns
By Peter Weber, The Week US Published
-
Judges block $25B Kroger-Albertsons merger
Speed Read The proposed merger between the supermarket giants was stalled when judges overseeing two separate cases blocked the deal
By Peter Weber, The Week US Published
-
Rupert Murdoch loses 'Succession' court battle
Speed Read Murdoch wanted to give full control of his empire to son Lachlan, ensuring Fox News' right-wing editorial slant
By Peter Weber, The Week US Published
-
Bitcoin surges above $100k in post-election rally
Speed Read Investors are betting that the incoming Trump administration will embrace crypto
By Peter Weber, The Week US Published
-
Enron mystery: 'sick joke' or serious revival?
Speed Read 23 years after its bankruptcy filing, the Texas energy firm has announced its resurrection
By Peter Weber, The Week US Published
-
US charges Indian tycoon with bribery, fraud
Speed Read Indian billionaire Gautam Adani has been indicted by US prosecutors for his role in a $265 million scheme to secure solar energy deals
By Peter Weber, The Week US Published