A Conservative Supreme Court Upheld Obamacare for the Third Time

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"Health Insurance 'Obama Care' Everyone Approved" by pasa47 is licensed under CC BY 2.0

The Supreme Court, by a decision of 7 to 2, has maintained Obamacare for the third time.

In doing so, they are dodging the issue of its legality by concluding that those who challenged it had the legal right to do just that.


It is important to note that Donald Trump strongly opposed Obamacare, before and during presidency. It was hoped that the appointment of three conservative Supreme Court judges under his term would help swing support against the unpopular bill.

“No Obama Care” by marcn is licensed under CC BY 2.0

The measure was signed into law in 2010 without the need for a single conservative congressional vote. Since then, insurance prices have risen dramatically; so many individuals were unable to manage them, resulting in the loss of coverage.

According to Forbes in 2016, there is strong evidence that Obamacare caused rates to skyrocket.

On Dec. 14, 2018, Judge Reed O’Connor of the Northern District of Texas decided that the Obamacare legislation was unlawful in its totality; however, that enforcement stayed until the outcome of the appeal system.


According to the judge, when Congress effectively eliminated the mandate requiring Americans to get health insurance in 2017, it sawed off the last leg it stood on.

The court determined that the public option is both necessary and inseparable from the statute’s other components.

California v. Texas

California v. Texas, court file 19-840, and Texas v. California, court file 19-1019, are two cases that were heard together.

On Nov. 10, 2020, a telephonic hearing in the merged cases extended 121 minutes, exceeding the 80-minute time limit.


Justice Stephen Breyer authored the majority decision. Justices Clarence Thomas, Sonia Sotomayor, Brett Kavanaugh, Elena Kaga, and Amy Coney Barrett joined Chief Justice John Roberts on the panel.

The Objectors

Justice Samuel Alito, who was joined by Justice Neil Gorsuch, wrote a dissenting opinion.

The Patient Protection and Affordable Care Act, also known as Obamacare, was adopted in 2010 and mandated most people to get minimum living health care coverage. Breyer penned an opinion for the bench.

Persons who failed to comply were also subject to a monetary penalty, which was adjusted according to their income. By setting the penalty amount at $0 in 2017, lawmakers effectively canceled the punishment.

A United Front of Republican States

This lawsuit was filed by Texas and 17 other states against the United Federal and the state authorities. They were eventually joined by Neill Hurley and John Nantz, two persons. The plaintiffs argue that the act’s provision for minimum living insurance is unlawful without the punishment.

They argue that neither the Federal Constitution, the Tax Clause, nor any other enumerated provision gives Congress the authority to pass it.

They further contend that the need for minimum necessary coverage is inseparable from the rest of the act. As a result, they feel the act as a whole is unconstitutional.