Texas Fold'em: SCOTUS to consider case on Feb. 21st, MAY still expedite hearing case after all
Speaking of the Texas Fold'em lawsuit (officially Texas vs. U.S. or Texas vs. Azar) which, if ultimately upheld, could result in the entire ACA being struck down, there's been a small but important development this morning:
Supreme Court to consider taking ObamaCare case
The Supreme Court on Wednesday listed a closely watched case seeking to strike down the Affordable Care Act for discussion at the justices’ private conference on Feb. 21.
The justices will consider whether to take up the case and on what schedule.
There is at least some possibility they could decide to take the case this term, meaning a ruling would be issued by June. But most observers expect a ruling will not come until after the 2020 election, either because the court waits until the next term to hear it, or because it decides not to take up the case at all until lower courts have finished considering it.
Whether the high court takes up the case and on what schedule is a key question for the 2020 campaign as well, given that Democrats have seized on the lawsuit to attack Republicans for seeking to overturn the health law, and particularly its protections for people with pre-existing conditions.
The GOP-led states and the Trump administration, both seeking to overturn the Affordable Care Act, have argued that there is no need for the Supreme Court to take up the case now, and that the justices should wait for the process in lower courts to play out.