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Mitch McConnell May Have Accidentally Saved Obamacare
Last edited Sat Sep 5, 2020, 09:58 AM - Edit history (1)
JOHN ALOYSIUS COGAN JR. - SEPT 04, 2020, 11:18 AM - SLATE
On Nov. 10, just one week after the presidential election, the Trump administration will ask the Supreme Court to get rid of the Affordable Care Act. The case, California v. Texas, boils down to one question: Did Congress intend the Affordable Care Act to continue without its individual mandate, the requirement that most Americans buy health insurance? But last March, Congress definitively answered the question. It passed two “override” laws that save the Affordable Care Act. The Supreme Court must recognize these overrides and leave the Affordable Care Act intact.
A congressional override is the legislative equivalent of a higher court overruling a lower court decision. To enact an override, Congress passes a statute that clarifies or reverses a court’s application of a federal statute. Congress’ authority to do this rests in Article 1, Section 1, of the Constitution, which vests all legislative powers in Congress. As Chief Justice John Roberts has recognized, “the final say on a statute is with Congress.”
In this case, the overrides are the Families First Coronavirus Response Act and the CARES Act. Congress passed these two laws to curb the economic fallout of the COVID-19 pandemic. But these laws offer more than economic relief. They also override the district court decision on appeal in California v. Texas, which ruled that the Affordable Care Act must fall. Congress overrode that decision by amending and extending the Affordable Care Act, making clear that the law stands, even without the individual mandate.
https://slate.com/news-and-politics/2020/09/supreme-court-congress-aca-cares-act-ruling.html
A congressional override is the legislative equivalent of a higher court overruling a lower court decision. To enact an override, Congress passes a statute that clarifies or reverses a court’s application of a federal statute. Congress’ authority to do this rests in Article 1, Section 1, of the Constitution, which vests all legislative powers in Congress. As Chief Justice John Roberts has recognized, “the final say on a statute is with Congress.”
In this case, the overrides are the Families First Coronavirus Response Act and the CARES Act. Congress passed these two laws to curb the economic fallout of the COVID-19 pandemic. But these laws offer more than economic relief. They also override the district court decision on appeal in California v. Texas, which ruled that the Affordable Care Act must fall. Congress overrode that decision by amending and extending the Affordable Care Act, making clear that the law stands, even without the individual mandate.
https://slate.com/news-and-politics/2020/09/supreme-court-congress-aca-cares-act-ruling.html
Dear Moscowman:
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