The agony of uncertainty over the fate of the Affordable Care Act will continue for at least another 12 months. The U.S. Supreme Court all but ensured that on Jan. 21, when it passed up the invitation from Democratic governors to fast-track the current federal case in Texas challenging the constitutionality of the law. Although the curt one-sentence refusal to hear the case on an expedited basis leaves the door open for a later change of mind, hopes for a Spring 2020 closure have now been dashed. The Current State of the ACA Barring a change of heart by the Court on early intervention, the ACA is and will remain valid law unless and until the following things happen: The Texas case runs its course, i.e., the U.S. Court of Appeals for the 5th Circuit issues a final decision on the merits; and The side that loses in the 5th Circuit appeals to the Supreme Court. After that, things get iffy. Although everybody expects the Court to accept the case, it could deny the appeal and leave the 5th Circuit ruling intact. And that would spell doom for the ACA if, as many expect, the 5th Circuit turns thumbs down…
