Radio Recap – BREAKING: ObamaCare Survival Back at the Supreme Court


Jordan Sekulow

March 2, 2020

3 min read




ObamaCare is heading back to the Supreme Court in a case that could be the final blow to the Affordable Care Act.

On today’s Jay Sekulow Live we discussed ObamaCare heading back to the Supreme Court. With tomorrow being Super Tuesday, we also provided updated analysis on the race for the Democrat nomination for President after former Vice-President Joe Biden’s big win in South Carolina.

From Fox News’ reporting:

The U.S. Supreme Court announced Monday that it will review a challenge to the Affordable Care Act's constitutionality after a group of states led by Texas claimed that there is no longer a legal justification for it.

The law, commonly known as ObamaCare, was first upheld by the Supreme Court under the justification that by tying the individual mandate -- the requirement to buy health insurance -- to a financial penalty it fell under Congress' taxation power. When President Trump eliminated the penalty, Republican-led states claimed there was no longer a legal basis for the mandate.

Remember, there is no penalty now for not purchasing health insurance. A group of states is claiming that there is no longer a basis for the mandate, which would mean at least part of the law is unconstitutional. That does put a doubt over the rest of the law. The question is whether or not it’s actually in effect any more.

The 5th Circuit Court of Appeals had ruled that the mandate is unconstitutional. There’s likely to be a decision in the Fall. This is not going to happen rapidly, but likely after the election in November. This is another chance to be rid of ObamaCare.

This does have a significant impact on the Democrat race for the nomination as Vice-President Biden’s healthcare plan includes expanding ObamaCare. If ObamaCare is gone, he’d have to start from scratch.

We at the ACLJ will be involved in this case. We will be filing an amicus brief. We’ve been involved in the fight to stop the Affordable Care Act from the very beginning. We believed all along that this was the path to a nationalized healthcare system.

You can listen to the entire episode with analysis of the state of the Democrat campaign for President and further discussion on the ObamaCare case that’s heading to the Supreme Court here.

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