Supreme Court Hears Latest Obamacare Challenge

Justices appear likely to uphold the law from the latest challenge brought by the Trump administration. NBC's Jay Gray reports.

(NBC News) — With a handful of protesters gathering near the steps Tuesday morning, the U.S. Supreme Court heard arguments on the Affordable Care Act.

At the center of the latest challenge is the “individual mandate,” ruled a “tax” by the high court, requiring Americans to either buy health insurance or pay a penalty. Congress zeroed out the “tax” in 2017.

Since it raises no revenue, 18 Republican attorneys general, along with the Trump administration, argue the measure is unconstitutional.

“It is a naked command to purchase health insurance and as such it falls outside Congress’s enumerated powers,” argued Texas Solicitor General Kyle Hawkins.

Justice John Roberts at one point pushed back.

“I think it’s hard for you to argue that Congress intended the entire act to fall if the mandate were struck down, when the same Congress that lowered the penalty to zero did not even try to repeal the rest of the act,” Roberts stated.

That echoed the argument of states defending the measure.

“There’s no doubt that it’s has been controversial and in 2017 Congress debated whether to keep it. But Congress ultimately chose to preserve every provision,” argued California Solicitor General Michael Mongan.

President-elect Biden, who worked as vice president to pass the measure, reenforced his support of the law during an afternoon speech on his health care plans.

“Obamacare is a law that every American should be proud of. It’s why people with pre-existing conditions are protected in this country,” Mr. Biden said.

This is the third Supreme Court challenge to the ACA. The first two attempts failed by votes of 5-to-4 and 6-to-3.

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