Ruth Bader Ginsburg

 

The Texas Fold'em lawsuit to strike down the ACA (officially called "Texas vs. U.S.", "Texas vs. Azar" or, more recently, "CA vs. TX") is scheduled for oral arguments before the U.S. Supreme Court on November 10th, 2020...exactly one week after Election Day.

A few hours after Supreme Court Justice Ruth Bader Ginsburg passed away Friday evening, I posted an entry which opened with the following sentence:

I'm assuming that the death of Supreme Court Justice Ruth Bader GInsburg doesn't change the date of the hearing; presumably it will be heard by the 8 other SCOTUS justices or (God help us) by all 9 if Mitch McConnell is able to ram through Trump's appointee in record time (November 10th is just 53 days away).

May her memory be a blessing.

I'll have much more to say about this, of course, but tonight I'll keep it short.

The Texas Fold'em lawsuit to strike down the ACA (officially called "Texas vs. U.S.", "Texas vs. Azar" or, more recently, "CA vs. TX") is scheduled for oral arguments before the U.S. Supreme Court on November 10th, 2020...exactly one week after Election Day.

I'm assuming that the death of Supreme Court Justice Ruth Bader GInsburg doesn't change the date of the hearing; presumably it will be heard by the 8 other SCOTUS justices or (God help us) by all 9 if Mitch McConnell is able to ram through Trump's appointee in record time (November 10th is just 53 days away).

While Justice Ginsburg's passing under a Trump Presidency should strike terror into everyone's heart for 1,000 other reasons as well, the big fear about the Texas Fold'em case specifically is that it means either a) the ACA is dead if Trump manages to get a replacement on the bench, or b) even if he doesn't, a 4-4 split ruling would result in the case being kicked back down to the lower federal court...which would also mean the law is dead.

Perhaps...but perhaps not.