Law Professor Interest
Five law professors also filed an amici curiae brief with the court to express their opinions on the ACA. The professors argued that the plaintiff states misunderstand the severability doctrine and disregarded the clear intent of Congress. The professors urged the court to find the mandate severable from the rest of the ACA if it is found unconstitutional. This would keep intact the guaranteed-issue and community-rating provisions. These provisions mean that insurers cannot deny insurance or raise premiums based on health status, medical claims, gender, or other factors that they used to set rates in the past.
The professors who filed the amici curiae brief are Jonathan H. Adler of Case Western Reserve University School of Law, Nicholas Bagley of University of Michigan School of Law, Abbe R. Gluck of Yale School of Law, Ilya Somin of George Mason University, and Kevin C. Walsh of University of Richmond School of law. The professors are experts in constitutional law, legislation, statutory interpretation, and administrative law.
What’s Next
Judge O’Connor has promised to issue a ruling “as quickly as I can.” No matter what the decision, it is likely that the losing side will appeal the ruling up to the U.S. Supreme Court. If Brett Kavanaugh has been confirmed, his vote will be critical in determining the fate of the ACA.
If Judge O’Connor issues his ruling prior to November, the ruling will likely also have an effect on the midterm elections. A recent YouGov/Huffington Post survey of registered voters showed that healthcare is a top priority for Americans.
