Skip to content

Challenge to Affordable Care Act back at U.S. Supreme Court

The lawsuit, filed by red states led by Texas, claims in 2017, Congress rendered the health law's individual insurance mandate unconstitutional when lawmakers eliminated the tax penalty attached to the mandate. ACA defenders have argued the mandate still is constitutional, and the court should reject what they see as a pretext for attacking the ACA.

DENVER -- As the U.S. Supreme Court hears oral arguments in a case that claims the Affordable Care Act is unconstitutional, health experts are warning if the high court strikes down the law, 20 million Americans could lose coverage and an additional 68,000 people could die each year.

Adam Fox, deputy director of the Colorado Consumer Health Initiative, said loss of coverage at that scale could dramatically deepen the coronavirus public-health crisis.

"Because it will put health care out of reach of that many more individuals," Fox said. "We already know that 1 in 5 Coloradans delays or avoids care because of cost. That will only increase if we have such a massive loss of coverage."

Fox said at least 600,000 Coloradans could lose coverage if the ACA is struck down through the courts.

The lawsuit, filed by red states led by Texas, claims in 2017, Congress rendered the health law's individual insurance mandate unconstitutional when lawmakers eliminated the tax penalty attached to the mandate. ACA defenders have argued the mandate still is constitutional, and the court should reject what they see as a pretext for attacking the ACA.

Fox said so far GOP leaders have failed to come up with an alternative for the ACA, and contrary to claims made in recent campaign ads, every plan they have proposed would reverse gains made to protect people with pre-existing conditions.

"Exactly what we saw before the ACA, where people can be denied coverage because of pre-existing conditions or can be charged much more for coverage, and essentially put it out of reach of those people who need it," he said.

Fox said because the court is not expected to issue a final ruling until spring, he encourages Coloradans to continue to sign up for coverage through ConnectForHealthCO.com. Open enrollment in Colorado continues through Jan. 15.