Biden Administration Urges Supreme Court to Uphold ACA

The Biden administration has told the Supreme Court to uphold the Affordable Care Act (ACA).  

In a letter to the Supreme Court, Deputy Solicitor General Edwin Kneedler clarified that the current U.S. Department of Justice views the ACA as constitutional.

“Following the change in administration, the Department of Justice has reconsidered the government’s position in these cases. The purpose of this letter is to notify the court that the United States no longer adheres to the conclusions in the previously filed brief of the federal respondents.”

Deputy Solicitor General, Edwin Kneedler

This comes after the Trump administration attempted to invalidate the ACA as unconstitutional, following Congress’ decision to remove the individual mandate, the tax penalty for not purchasing insurance, in 2017. The Biden administration, however, finds that this 2017 amendment “preserved the choice between lawful options and eliminated any financial or legal consequences for choosing not to enroll in health coverage.”

The current administration’s statement is symbolic, as Texas officials and the other plaintiffs will continue to pursue the case of the ACA’s constitutionality. If the court finds the mandate unconstitutional, the Biden administration declares that the court should sever the mandate and allow the rest of the law to stand.

If the ACA is struck down, Americans covered by the ACA would lose coverage, which would significantly change the landscape of healthcare. More specifically, protections for Americans with past or current health problems — also known as pre-existing conditions — would be put in jeopardy, leading to denied coverage or increased healthcare costs.

A final ruling on the case is expected by July 2021. Click here for additional information.


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