Moot the Suit

One Chance

The current session of the Supreme Court of the United States runs through the end of June.

This means that unless they decide to punt until the next session, a final SCOTUS decision on the insane, absurd, inane GOP-brought, GOP-supported “Texas Fold’em” lawsuit to strike down the entire Patient Protection & Affordable Care Act will happen within the next 50 days.

As it happens, this just went up an hour ago:

Supreme Court sets Monday as an opinion day. Obamacare, Philly foster-care and Fannie-Freddie all in the potential mix, starting at 10.

— Greg Stohr (@GregStohr) May 13, 2021

This doesn't guarantee that the ACA lawsuit will be announced on Monday...but every day which it isn't announced increases the odds that it will be on the next opinion issuance day.

As a reminder, there’s four different possible ways it could go when they do so, ranging from completely harmless to utter and complete disaster:

As I noted earlier today, the Big News® this today is President Biden's pending Executive Order to re-open HealthCare.Gov to a full 3-month COVID-19 Special Enrollment Period starting on February 15th. There's a whole bunch of other important stuff in today's healthcare XO, but some of them will take months to actually finalize and implement.

Frankly, re-opening HC.gov is actually one of the simplest and most obvious healthcare-related executive orders Biden could give at the moment. Now that the starting/ending dates are known, it raises one other important question.

UPDATE 4/03/21: I've confirmed with a highly-trusted source that this isn't happening...at least not before the Supreme Court issues their ruling, anyway.

As noted below (scroll all the way down), it appears that a $1.00 penalty would be too small to make the reconciliation cut, which means the only way to #MootTheSuit via reconciliation would be to change the mandate back to an amount large enough to have a significant impact on the budget...which presumably means several hundred dollars.

I mean, if they're gonna do that, they might as well just restore it to the original $695/2.5% of income while they're at it.