CHARLESTON, W.Va. — The U.S. Supreme Court will hear oral arguments regarding the constitutionality of former President Barack Obama’s health care law a week after Election Day.
The court on Wednesday announced arguments in the legal challenge will take place Nov. 10, a week after the general election.
A coalition of Republican state attorneys general and the U.S. Department of Justice argue “Obamacare” is not constitutional because Congress reduced the individual mandate to $0 in the 2017 tax law.
West Virginia Attorney General Patrick Morrisey is among the 18 Republican state officials in support of ending the law.
State attorneys general representing 20 Democratic states and Washington, D.C., as well as the House of Representatives, have submitted briefs contending the penalty for not purchasing health insurance is not necessary for the law’s legal standing.
A federal district court in Texas struck down the law and the individual mandate in December 2018. An appellate court the following December ruled the individual mandate is unconstitutional but asked the district court to determine which provisions can be separated from the individual mandate.
President Donald Trump said earlier this month his administration is working on an executive order to protect insurance coverage of pre-existing conditions, which is part of the current health care law.
A decision on the health care law will be announced before the court’s upcoming term ends next summer.