In the midst of a global pandemic with the presidential election just months away, the Justice Department asked the Supreme Court on Thursday to invalidate the Affordable Care Act, the landmark health care law that enabled millions of Americans to get insurance coverage and that remains in effect despite the pending legal challenge.
In a late-night filing, Solicitor General Noel Francisco said that once the law’s individual coverage mandate and two key provisions are invalidated, “the remainder of the ACA should not be allowed to remain in effect.”
The justices will hear arguments in the case sometime next term, although it is unclear if they will occur before the November election.