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Supreme Court to hear Obamacare case one week after Election Day

The Supreme Court will hear oral arguments on the...

Posted: Aug 19, 2020 12:11 PM

The Supreme Court will hear oral arguments on the future of the Affordable Care Act on November 10, exactly one week after the presidential election, it announced Wednesday.

The decision to schedule oral arguments after the country votes ensures that an issue that has dominated American politics for the last decade will remain a central focus of the presidential campaign, even though a final opinion in the case will only be rendered sometime next spring.

The court's decision to schedule the cases after the campaign season also may reflect a desire to keep any potential audio from the oral argument from becoming part of campaign ads or news broadcasts.

In 2012, Chief Justice John Roberts cast the key vote in the 5-4 decision upholding the Affordable Care Act's holding that the individual mandate was valid under Congress' taxing power.

President Donald Trump, Vice President Mike Pence and other Republicans have consistently called out Roberts for that ruling, emphasizing the need to add more conservatives to the bench.

In 2017, the Republican-led Congress cut the tax penalty for those who lacked insurance to zero as part of the year-end tax overhaul.

Texas and other Republican-led states sued, arguing that since the mandate was no longer tied to a specific tax penalty, it had lost its legal underpinning. They also argued that because the individual mandate was intertwined with a multitude of other provisions, the entire law should fall, including protections for people with preexisting conditions.

The Trump administration filed briefs siding with Texas for the most part, although they have made a relatively new argument that the entire law should fall but the ruling should only apply to the 18 states that brought the challenge.

In December, a federal appeals court held that the individual mandate was unconstitutional. But critically, the court punted on whether the rest of the massive law -- even provisions unrelated to the mandate -- could remain on the books. Over 98 pages, the 2-1 appeals court asked a district court to review that issue -- infuriating supporters of the law. They contend the two Republican appointees in the majority were attempting to delay a decision that could gut the law until after the election.

California and other Democratic-led states have asked the Supreme Court to step in this term to review the decision.

Oregon Coronavirus Cases

Data is updated nightly.

Cases: 155315

Reported Deaths: 2208
CountyCasesDeaths
Multnomah31853528
Washington21170212
Marion18416285
Clackamas13357175
Lane10224126
Jackson8377112
Umatilla765182
Deschutes594659
Yamhill377364
Linn358656
Malheur335058
Polk305342
Klamath278955
Douglas246354
Josephine233750
Benton233516
Jefferson195528
Coos148219
Union128419
Columbia126121
Wasco122126
Lincoln113120
Hood River106829
Morrow104714
Clatsop7756
Crook77518
Baker6567
Curry4266
Tillamook4142
Lake3756
Harney2736
Grant2221
Wallowa1424
Gilliam531
Sherman530
Wheeler221
Unassigned00

California Coronavirus Cases

Data is updated nightly.

Cases: 3563578

Reported Deaths: 51953
CountyCasesDeaths
Los Angeles119089421328
Riverside2894503767
San Bernardino2862912816
Orange2610223904
San Diego2596413271
Santa Clara1104221777
Kern102627826
Fresno952021443
Sacramento931801472
Alameda804961241
Ventura77534844
San Joaquin665691101
Contra Costa62164674
Stanislaus56024946
Tulare47784758
Monterey42138328
San Mateo38922515
San Francisco34213410
Santa Barbara31763409
Solano30024164
Merced28915397
Sonoma28063298
Imperial26888591
Kings21951218
Placer19763232
San Luis Obispo19612227
Madera15436209
Santa Cruz14588183
Marin13136197
Yolo12816185
Shasta10972174
Butte10941160
El Dorado9095100
Napa901469
Sutter884597
San Benito575959
Yuba573336
Lassen560119
Tehama508152
Nevada395274
Tuolumne394659
Mendocino379643
Amador345741
Humboldt318033
Lake315341
Glenn222023
Colusa212813
Calaveras190547
Siskiyou174014
Inyo128737
Mono12114
Del Norte9875
Plumas6536
Modoc4524
Mariposa3957
Trinity3675
Sierra990
Alpine810
Unassigned00
Medford
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Very mild start to March
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