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On March 2, 2020, the U.S. Supreme Court agreed to hear the case that seeks to strike down the entire Affordable Care Act as unconstitutional. The case (California v. Texas) was brought by Texas and several other states and is supported by the Trump administration. The Center is pleased that the Court granted review of the clearly erroneous decision of the Fifth Circuit, rather than allow the case to return to district court and potentially linger for years in protracted litigation.

There is too much at stake to prolong a resolution, including protections for people with pre-existing conditions, the expansion of Medicaid, and all of the provisions that improved Medicare, such as closing the Part D Donut Hole and eliminating copayments for preventive services. In January, the Center joined AARP and Justice in Aging in filing an amicus brief supporting Supreme Court review, and will continue to support the states that are fighting this cruel and ill-conceived lawsuit. The case will likely be argued this fall with a decision expected by the end of June 2021.

March 5, 2020 – A. Bers

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