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Jost: Ginsburg’s Death and the ACA’s Future
September 21, 2020
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What does the death of Justice Ruth Bader Ginsburg portend for the future of the Affordable Care Act?
On To the Point, health law expert Timothy Jost examines different possible outcomes in California v. Texas, the case challenging the ACA currently before the Supreme Court. With a new justice appointed by President Trump, Jost says the Court could decide that the individual mandate, which lies at the heart of the case, is both unconstitutional and “inseverable” from the law — meaning the entire ACA could be invalidated. Alternatively, the Court could uphold the law generally but strike down specific provisions related to the individual mandate, or uphold the law in its entirety.
“For the time being,” Jost says, “the ACA is more at risk than it was just days ago.”
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