Were the Court to hear the case, this will be the third time it will be asked to determine the legality of the ACA — something it’s upheld in both NFIB v. Sebelius and King v. Burwell.
Whether that happens or not will likely depend on the The Fifth Circuit’s decision: the Supreme Court justices may decide not to take it up if the appeals court rejects the lower court ruling.
“If the Fifth Circuit upholds the entire decision from below — that the mandate is unconstitutional and not severable — it would invalidate the entire ACA, and the Supreme Court will be forced to take up the case,” University of Pennsylvania health law professor Allison Hoffman told Vox. “With any other decision from the Fifth Circuit, it is much less likely that the Supreme Court will take the case.”
In the event that the Fifth Circuit opts to overturn the district court ruling, its decision could potentially be the final say on the matter, giving Democrats another major win on this subject.
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