Barrett signals ACA could remain without individual mandate

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Morgan Haefner –
Thursday, October 15th, 2020
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She added that the concern of the Nov. 10 case is “severability, and thats not something that I have actually ever talked about with regard to the Affordable Care Act. Honestly, I have not written anything about severability that I know of at all.”.

While Ms. Barrett didnt reveal how she would rule in the case, she stated usually judges attempt to keep underlying laws undamaged when weighing if part of the law must be eliminated, according to The Hill. The stance is at chances with the White House-backed lawsuit, which states the entire ACA is invalid because of the individual required repeal.

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Federal appeals court Judge Amy Coney Barrett signified that the ACA might remain law even without its since-repealed individual required that needed most Americans to purchase insurance coverage or deal with a tax penalty, according to The Hill.

Throughout the 3rd day of Ms. Barretts Supreme Court verification hearings Oct. 14, Senate Judiciary Committee leaders asked Ms. Barrett about an approaching case regarding the ACA that the Supreme Court is set to hear Nov. 10. Because Congress eliminated the ACAs tax charge for failing to purchase health insurance in 2017, the White House has supported the position that the entire ACA is invalid.

Throughout her previous testament Oct. 13, Ms. Barrett said, “I am not hostile to the ACA.” She included that the issue of the Nov. 10 case is “severability, and thats not something that I have ever discussed with respect to the Affordable Care Act. Honestly, I havent written anything about severability that I understand of at all.”.