Supreme Court to Decide Whether to Hear ACA Appeal Next Term
The Supreme Court has listed for discussion at its private conference on Feb. 21 the Texas v. United States case, which the 5th Circuit Court of Appeals sent back to the district court in December. The Supreme Court can decide to hear the case and bypass the lower courts. Private conferences, which occur throughout the Court’s session, are where justices consider what cases they will review and when they will review them.
On Dec. 18, the 5th Circuit Court of Appeals upheld a lower court’s decision invalidating the Affordable Care Act’s (ACA) individual mandate, but the court did not address the issue of whether ACA itself remained viable without the individual mandate. Instead, the Court of Appeals returned the case to the lower court to decide if ACA can survive without the individual mandate.
The Supreme Court has sent mixed signals about its interest in Obamacare appeals. Last month, the court rejected an appeal by Democratic-led states and lawmakers requesting to expedite its handling of appeals and render a decision before the Supreme Court’s current session ends in June, but the justices also later refused to give Republican opponents extra time to file their brief that argued against review.
The combination of those actions put the appeals on track for the Court’s next private conference—and leaves open the possibility the Court could hear the case if not this term, then next term.