Entering text into the input field will update the search result below

Trump administration asks Supreme Court to invalidate Obamacare

  • In a late-night court filing, the Trump administration urged the Supreme Court to overturn the Affordable Care Act in a case that's set to be heard around the time of the November election.
  • The brief argues that because the law's requirement to have health insurance was upheld in court as a tax in 2012 - and Congress has since repealed the financial penalty for violating that requirement in 2017 - it is no longer a tax and therefore no longer constitutional.
  • "The entire ACA thus must fall with the individual mandate, though the scope of relief entered in this case should be limited to provisions shown to injure the plaintiffs," Solicitor General Noel Francisco wrote in the filing.
  • Related tickers: UnitedHealth (NYSE:UNH), Anthem (NYSE:ANTM), Cigna (NYSE:CI), Humana (NYSE:HUM), WellCare Health Plans (NYSE:WCG), Centene (NYSE:CNC), Molina Healthcare (NYSE:MOH), Triple-S Management (NYSE:GTS), Civitas Solutions (NYSE:CIVI), CVS Health (NYSE:CVS), Cardinal Health (NYSE:CAH), McKesson (NYSE:MCK), AmerisourceBergen (NYSE:ABC), Universal Health Services (NYSE:UHS), LifePoint Health (NASDAQ:LPNT), Community Health Systems (NYSE:CYH), HCA Healthcare (NYSE:HCA), HealthEquity (NASDAQ:HQY), Quorum Health (NYSE:QHC) and Tenet Healthcare (NYSE:THC).

Recommended For You

Comments (189)

Have a tip? Submit confidentially to our News team. Found a factual error? Report here.

Holger Investor profile picture
Obamacare and other health insurance systems will all face tough challenges by the reality of the society.

The challenge for any national health insurance system in the US are the high costs for medicine, doctors visits, hospitals compared to Europe and on the other hand the low median incomes.

In Europe national health systems Switzerland, Germany and others works quite well and provide luxury health services for almost the entire population for acceptable costs. The difference to the US are lower costs for treatment and a flatter distribution of incomes.

If to install a national health insurance system in the US it would require....

- Governmental interference in the pricing of drugs and medical devices

- Tackle the judicial system that puts high costs on pharmazeutical companies, doctors and hospitals.

- Tackle the high costs of treatment...ex. provide governmental student loans with the condition to treat poeple later as a doctor for a couple of years for fixed prices.

- Include high deductibles that the insurance covers serious things only.
Roberts was always going to vote to uphold. It’s his mission in life apparently.
Chancer profile picture
Most laws have a severability clause that states that voiding one part does not void the entire law.

I believe (if I recall correctly) that ObamaCare lacks this because of the way it was passed by Democrats. That lack might make it easier to strike down; but no guarantee either way.
12 Nov. 2020
@Chancer MAybe, don’t know, but what was passed is not what currently exists as the individual mandate no longer exists.
Still no valid reason to get Trump’s tax returns. Fishing for some reason to go further is not even valid on TV shows. If allowed then Pelosi’s husband should be investigated. How about Hunter Biden? How about you? You have to have a reason.
@Richmondinvestor How about the fact that there is good-faith evidence that DJT is minimally a state tax-evader and thus subject to NY State law? Trump is trying to prevent NY from obtaining relevant evidence. Trump's dealings with Deutsche Bank and other sources of funds may well be illegal. There are hints that point to money laundering. Already, NY closed Trump's "charity" for making a series of bogus transactions. I believe that when the evidence is made public even you may see that Trump is a grifter and a crook.
Mike Nadel profile picture
A grifter and a crook?

In ADDITION to being a serial adulterer, a pathological liar, a racist, an inept leader, and the least moral person in the world?

He can do it all!
"evidence that DJT is minimally a state tax-evader and thus subject to NY State law"

Then the IRS should be the ones that go after him and not anyone outside of that.

Do you actually believe that the IRS doesn't comb through tax returns from people with assets and wealth like Trump with a fine-toothed comb already?
The Supreme Court is days away from ordering access to DT's tax returns. Now THAT will be news. How much is he worth, how much does he cheat, what conflicts exist, how much does he donate, how much did he borrow from the Russians? Wow. The ACA issue is significant to millions but those tax returns will be the story for weeks. We know a bit from his niece and the efforts of the NYT. This could be the end of DT.
I agree, with the liberals holding a 5-4 majority on the Supreme Court there is a good chance this happens.
bigvee49 profile picture
Sadly we have a U.S. President who places more solace in protecting Status, from our checkered past, (easily recreated) instead of it's citizens that can't be replace;
125,000 and counting.
maillot jaune profile picture
Better get used to him. He's going to be around until January 2025.
bigvee49 profile picture
@maillot jaune I wish him no ill and pray he has a long life well beyond 2025 I only question his lack of judgement in focusing on the real crisis in America the pandemic,.... with over 250 thousand fellow Americans projected to succumb to this virus by this Nov...... and not on divisive social issues, that none of us can claim purity from the social distain they permeate.
United we can beat this, or any challenge, so proven from our past-----and we will!
Country over Party!
Tall Kitchen Bag profile picture
It is important to note that to this day, Mr. Orange still has not found out what happened to Biggie and Tupac.

It is also important to note who fired the initial shot for universal healthcare, a great homie that bravely stood against his own party: M Rizzle.
Any country without universal healthcare is a third world country
Mandingo profile picture
@iv2006 on the contrary, all countries with universal healthcare a socialist and therefor third world in nature. Spain and Italy for example, with their public health system were ravaged by the chinese virus and together with france boast the highest death rates so far. The state should not be in business, ANY BUSINESS, let alone healthcare.
@Mandingo what about Germany?
@Mandingo Italy and Spain did a much better job of containing the virus. The US is probably the worst in the world. Check out www.worldometers.info/... for statistics rather than mindless Fox news and Republican blather.
Great move! Throw 20 million people off of health insurance in the midst of a pandemic. So much for a "very stable genius". I would ordinarily think that health care was Trump's Achilles' heel, but he seems to have more feet than a millipede.
The ACA was illegal from the get-go. Obama said it was not a tax and everyone would save $2,000 while keeping there Dr. It was all a lie. The Supreme Court under Roberts came up with a convoluted rationale to avoid ruling on what the law said. Typical legal corruption.
Notice how comments like these with actual facts get likes. Comments purely based on emotion and conjecture get a few likes from liberal nut jobs. Hopefully we can out vote them in November
@derrickthms182 I didn’t see any facts in that paragraph aside from “the Supreme Court under Roberts”. The rest was opinion. Sorry you may still need to learn the difference. Fox News prime time shows are all opinion shows. Your local fox 6pm news might actually report the facts.
maillot jaune profile picture
Notice citracyde doesn't challenge any of the facts laid out in the 4 sentences from the original poster.

Except it was $2500 a year Obama promised.
Not $2000.

But of course he finds time to blame Fox News.
All the while he ignores every fact presented.
The problems in the healthcare system are so far beyond this squabble about insurance. Vigorous competition needs to be unleashed into this industry to drive costs down across the board. Insurance costs will come down. Then allow anyone who can’t get insurance through an employer to join the Federal employee system (which I used to have). Eliminate Medicare because you won’t need it anymore. Help can be worked out for those with low incomes. This is still private insurance as it should be. However both political parties are completely paid off by the industry not to change anything so I’m not holding my breath.
@dstb yes indeed. The insurance company is not where the real problem is.

If it cost $1800 for an annual standard pulmonary breathing test (so you can keep getting your advair) a test where the doctor spends 5 minutes with you but whose equipment is owned by the hospital he has an office in.

On the other hand a number of years ago I needed 5 stitches in my forehead. The minute I walked through the Emergency doors the price went from average $250 at a doctors office (it was late so they weren't open.) to $1800. Again this doctor spent less than 10 minutes on me (after making me wait for almost 2 hours - I would think the emergency is no more). Interestingly enough I/insurance paid $800 and I refused to pay the rest. The hospital took me to court. The judge asked the hospitals lawyer if anyone from the hospital was present to speak to the logic behind such a high bill. The lawyer said no. The judge let me off because of this.
Crazy. I had an appendectomy and the surgeon’s bill was relatively low. The hospital bill though was insane!
Yet another example of Trump's sabotage American Democracy Campaign. The Affordable Care Act has allowed over twenty million Americans to have health insurance, and tens of millions more Americans have been able to afford the cost of health insurance because of Obamacare. Donald Trump should be ashamed of himself.
Dividend Seeker profile picture
Out of curiosity, why do you feel it is the responsibility of taxpayers to pay for everyone's health insurance?
Don’t worry. Roberts will save it again.
ferjen profile picture
@sir-laugh-a-lot yeah it’s Trump’s fault the Dems forced a garbage partisan bill written by the insurance industry down our throats. Then zero told the world it wasn’t a tax while his lawyers argued it was a tax to save it. Healthcare affects us all, and any legislation should have bipartisan support. Zero’s legacy has been almost completely wiped out by President Trump. This is what happens when you rule by EO. This will be the last domino to fall. Zero’s only legacy will be conspiring, and failing, to take down his successor by internal coup.
26 Jun. 2020
Obama made fun of Trump at the Correspondents dinner. Jokes have consequences. That’s all Trump cares about. He was humiliated, and this is his getting even.
@GDW1 When trump loses to Biden in Texas then we'll see who will be humiliated
Yes. Keep believing those BS polls.
lots of fireworks during election years
What a waste of time and a total joke. The judicial branch is just another wing of the Democrat party. John Roberts will ensure that the left-wing authoritarian activists forever get whatever they couldn't achieve at the ballot box.
CWatsonSD profile picture
ACA was always a misconception and should have been called Affordable Premium Act ("APA"). Premiums were made very affordable and routine procedures were covered for low or no cost. The problem has always been the out of pocket, which have always been less than affordable for most people. Not to mention the 15-20% annual increases in premiums for non-subsidized plans during the first 5 years of ACA.
@CWatsonSD Say what you want but even the majority of Republicans agree that eliminating pre existing conditions was a good thing for the majority of people. He's pissing off even his own base.
Trump has ALWAYS said he supports coverage for pre-existing conditions.
ferjen profile picture
@dstb all Republicans support this. The Dems just keep telling the lie.
The democrats must participate in the Senate to create a replacement for the highly expensive Obamacare. Since the GOP only has 53 votes in the Senate, seven democrats are needed. Schumer controls all the dem votes and continuously blocks any plan...just to prevent Trump getting a win. All politics for the dems, never supporting the American people.
Rudester profile picture
You promoted Schumer to Senator? Do you know what you are talking about?

First year of this administration, he had a majority in both houses. He could repeal and replace with no opposition. Problem was, they had nothing to replace ACA with, nothing! Trumpcare was a hoax.
bigvee49 profile picture
@Richmondinvestor You need a replacement bill before any Senate vote is needed.
10 yrs and the GOP has presented nothing in their quest to replace the ACA. Over 60 attempts to repeal and replace the ACA during the Obama Admin proved to be nothing more than GOP b/s.......with the GOP in full control of the House and Senate during the first 2yrs of the current admin and no credible ACA replacement plan. In short all talk an no action ....only to do everything possible to vilify/weaken the ACA.

For you information they only needed 51 votes in the Senate to pass the bill... "Senate Republicans failed to pass a pared-down Obamacare repeal bill early Friday on a vote of 49-51 that saw three of their own dramatically break ranks."

So Please do some research before you make such a heartless comment. This insurance is all that many have.....20 million plus

Are you aware Schumer I’d the top ranking Democrat in the Senate and Pelosi is the Speaker of the House?
Ask the Supreme Court to over turn a law that congress passed...haha?

trump they don’t do that type of thing !

Read the constitution and you might be able to do your job ?
Constitution was too long for twitter
The Supreme Court can overturn laws passed by Congress if the laws conflict with the Constitution.
ferjen profile picture
@Maverick 2021 sadly, your clueless comment is indicative of the Dem party. Clearly, you don’t know how the Constitution works.
Dividend Seeker profile picture
It is amazing how many people believed the Affordable Care Act would lower costs
Rudester profile picture
It's amazing that people don't recognize that the ACA slowed the rate of growth in healthcare costs while doing away with pre-existing conditions. It isn't perfect, but instead of fighting it, they should fix it, specially if they don't have a replacement of their own.
Dividend Seeker profile picture
No, it didn't. You were conned, but you can take comfort in knowing you are not alone.
@Dividend Seeker Do you have any idea how much money HMO's save the insurance company and allows them to curb costs? What the fk are you spewing that it didn't help curb costs? Of course it did
EBROWN6241 profile picture
Trump or Biden? This might be the time to elect a third party candidate. I think there are about twenty others running. Most are not worth considering. Looking them over now. The republican vs democrat mess has got to stop.
@EBROWN6241 Go ahead and waste your vote. No one else has a chance to win. They only run for the notoriety. The fame of being a presidential candidate. BFD!
@EBROWN6241 its true that would be a wasted vote. The best way to look at this is what did Gerald Ford add of value after Nixon. One would say nothing. If so you are forgetting that after Nixon the country needed healing. Needed to get grounded again. A non personality like Ford gave us that. To me after these last 4 years of Arrested development, where every day there's a new turmoil, crisis, guffaw. If they only thing accomplished by the next president is decency than bring me another do nothing president like Ford. Bring me Biden.
Jo Jorgensen is the Libertarian running this election, feel free to join the Libertarian ship!

Let me help clarify this.

"The brief argues that because the law's requirement to have health insurance was upheld in court as a tax in 2012 "

The ACA is health INSURANCE, not health CARE.

Changing rules for INSURANCE does not mean the loss or elimination of CARE.
If you can find a health insurance policy anywhere, buy it! Doesn’t exist.

There are 5 healthcare companies that now control all aspects of your healthcare. I realize this is not the intention of the framers of the ACA, but this is where we are at. When I say “healthcare companies” I realize that these companies actually provide no healthcare, they do not own the hospitals, they do not employee doctors or scientist. They just control the rates you pay, the compensation to the doctors, the fees to the hospital, the distribution of the drugs, the rate paid to the pharmaceutical companies for the drugs, the selection of the drugs that are prescribed to you and they have access and control over all of your medical records. The pre-existing conditions ruse is old technology - they now use algorithms based on prescription histories to reject Plan coverage. If you are employer searching for a plan to protect your employees and the demographics of your census indicate long-term healthcare issues, forget about it. The healthcare providers are not even going to quote a plan if some of your employees have had prescriptions that indicate they may experience long-term expensive conditions such as Diabetes.
To ensure this doesn’t happen in the future, please enable Javascript and cookies in your browser.
Is this happening to you frequently? Please report it on our feedback forum.
If you have an ad-blocker enabled you may be blocked from proceeding. Please disable your ad-blocker and refresh.