The Supreme Court will likely not hear the GOP’s challenge to overturn the Affordable Care Act before Election Day, reports Politico.
As the site reported Monday, a new schedule released by the court suggests the justices will not hear the Obamacare case in October when their next term begins. Instead, they'll spend the month hearing 10 cases left over from the previous term, which ended last week and was cut short as a result of the pandemic.
The news site said it's still possible the court could hear the Obamacare case the week of Nov. 2 but is unlikely to delve into so complex and politically charged a matter so close to the Nov. 3 election.
The news may come as something of a relief some Republicans in close races, after concerns about health care fueled Democratic victories in the midterms.
The Trump administration, along with Republican officials in Texas and 17 other states, in late June asked the high court to overturn the ACA, a move proponents of President Obama's signature legislation say would, in the absence of some replacement scheme, leave 23 million Americans without healthare coverage.
They argued that Congress in 2017 had rendered the law unconstitutional when it passed tax cuts, effectively jettisoning the individual mandate associated with the original law.
The Supreme Court found that Obamacare was constitutional because it was a tax.
“Nothing the 2017 Congress did demonstrates it would have intended the rest of the ACA. to continue to operate in the absence of these three integral provisions,” the brief filed by the Trump administration said. “The entire ACA. thus must fall with the individual mandate.”
President Donald Trump during the 2016 presidential election said he wanted to repeal the health law and take more of a free-market approach.
The Supreme Court last week made it more difficult for women to gain access to birth control as part of their health plans if their employer has religious or moral objections, a win for Republicans and the Trump administration.
With the election only a few months away, plenty of pressing business is bumping up against the tight deadline and may not be settled before voters choose between President Trump and challenger Joe Biden.
Just last week, the Supreme Court said the president could be subpoenaed to provide his tax returns to investigators in New York. But legal experts say that issue, like the Obamacare challenge, is unlikely to be resolved before Nov. 3.
© 2021 Newsmax. All rights reserved.