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1/ Before Amy Coney Barrett's nomination to the Supreme Court, The 19th's health reporter @shefalil covered how a new justice could play a pivotal role in shaping health care access.https://bit.ly/2RPb0BB
2/ The Affordable Care Act (ACA) is slated to once again appear before the Supreme Court days after the Nov. 3 election. Legal experts and advocates across the spectrum agree that a third Trump justice would weaken the ACA's chances of surviving California v. Texas.
3/ In the California v. Texas case, a group of Republican attorneys general have argued that a 2017 tax law invalidated the entire ACA when it set the "individual mandate" to zero. (The individual mandate is a penalty people had to pay if they didn't have insurance.)
4/ Even if the case is heard and decided before a justice is confirmed, with only an eight-member court, finding five votes to uphold the law will be substantially more difficult without Justice Ginsburg.https://bit.ly/2RPb0BB
5/ And a 4-4 ruling would let a lower court ruling stand, allowing for the entire health law to be eliminated. Chief Justice John Roberts could also decide to delay the case until a new justice is confirmed.https://bit.ly/2RPb0BB
6/ Before the Affordable Care Act's passage, insurance plans could charge higher premiums based on someone's gender, and charged more based on people's medical history. Without the ACA, cis women and trans people could have more expensive health insurance.https://bit.ly/2RPb0BB
7/ The ACA is also the reason insurance plans must cover pregnancy-related medical services, contraception without cost-sharing and mental health care.
Cis women + trans people have higher rates of anxiety and depression, and are more likely to forego medication due to cost.
8/ The Affordable Care Act was also the first law to establish protections against sex and gender discrimination in health care, protections the Trump administration has already attempted to walk back.https://bit.ly/2RPb0BB
9/ "A lot of folks think of the ACA as a health insurance law, but I do think of this law as a civil rights law in many ways," said Katie Keith, a Georgetown University law professor and health policy expert. "It's been hugely revolutionary."https://bit.ly/2RPb0BB
10/10 The next justice could also weigh in on numerous pending abortion lawsuits, which are largely challenges over various state-based restrictions on access.
More background via @Shefalil's reporting here:https://bit.ly/2RPb0BB
Is there an easy legislative fix for this if Democrats take Congress?
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