Although it’s risky to read too much into justices’ comments about cases argued before the U.S. Supreme Court, legal analysts found strong suggestions in such remarks to assert that the latest GOP challenge to the Affordable Care Act may have exceeded the legal validity of its extreme contentions.
This could mean that Republicans — state attorneys general as well as the Trump Administration — may find failure in California v. Texas. This is political partisans’ legal push to get the high court to strike down Obamacare, focusing on the individual mandate that imposed financial penalties to ensure that Americans obtain health insurance.
The mandate originally was portrayed by supporters as integral to Obamacare, ensuring its insurance markets did not get swamped with only the poorest and sickest Americans and dooming federal efforts to provide affordable health coverage to poorer and middle-class Americans. The high court, in an earlier and important case, upheld the ACA, arguing its use of the mandate was a legitimate exercise of government taxing powers.