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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.

Confirmed Cases: 43793

Reported Deaths: 673
CountyConfirmedDeaths
Multnomah9502166
Marion6024109
Washington599178
Umatilla343545
Clackamas326766
Lane246727
Malheur194938
Jackson17967
Deschutes118513
Yamhill101315
Linn84515
Polk66815
Jefferson60710
Morrow5517
Lincoln51813
Union4842
Benton4636
Klamath4223
Douglas3688
Wasco34916
Hood River2841
Columbia2711
Josephine2703
Coos2601
Clatsop2480
Baker1403
Crook1132
Tillamook740
Curry581
Wallowa492
Lake430
Harney350
Sherman200
Grant120
Gilliam110
Wheeler10
Unassigned00

California Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 923648

Reported Deaths: 17559
CountyConfirmedDeaths
Los Angeles3050707044
Riverside675521306
San Bernardino641311073
Orange594421468
San Diego55898885
Kern34114420
Fresno31195439
Sacramento25882499
Santa Clara24665404
Alameda23636463
San Joaquin21988492
Contra Costa18877243
Stanislaus17814400
Tulare17730291
Ventura14409166
Imperial13023338
San Francisco12277145
Monterey1153892
San Mateo11278159
Santa Barbara9886126
Sonoma9601136
Merced9588155
Kings848683
Solano758676
Marin7107127
Madera506676
Placer429059
San Luis Obispo424032
Yolo325060
Butte313453
Santa Cruz284825
Shasta199931
Napa199816
Sutter188912
San Benito144915
El Dorado13684
Yuba133810
Mendocino115421
Tehama9219
Lassen7711
Lake70216
Glenn6793
Nevada6328
Humboldt56910
Colusa5536
Calaveras34721
Amador33716
Tuolumne2855
Inyo24015
Siskiyou2140
Mono1822
Del Norte1801
Mariposa812
Plumas760
Modoc450
Trinity280
Sierra60
Alpine40
Unassigned00
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