17 June 2021
The Supreme Court this morning tossed aside conservatives' latest challenge to the Affordable Care Act, rejecting the Trump administration’s bid to get the entire health care law thrown out.
Why it matters: The 7-2 ruling will allow the ACA, which covers some 20 million people and has been the law of the land for 11 years, to continue operating. And it shows that there are some limits to how much of the Republican agenda can be accomplished through the courts, even with a solid conservative majority.
Details: The court said Republican attorneys general did not have the legal standing to bring their lawsuit, which aimed to get the entire ACA struck down.
How we got here: The ACA required most Americans to either purchase health insurance or pay a tax penalty. When the law first passed, that mandate was seen as essential to making the law’s other provisions work, particularly its protections for people with pre-existing conditions.
- In 2012, the Supreme Court upheld the mandate as an exercise of Congress' taxing power. The federal government couldn't simply require people to buy insurance, the court said, but it could tax their decision not to do so.
- In 2017, as part of the GOP's tax cut package, Congress zeroed out the penalty for being uninsured, nullifying the individual mandate.
- A group of Republican attorneys general then sued. The tax penalty was now gone, and all that remained was the part that said Americans had to buy insurance. So, they argued, the mandate had become unconstitutional — and they said the rest of the law had to fall along with it.
But the court said today that the states that brought the suit could not show that they'll suffer any injury from the fact that some form of the mandate is still in effect, and threw out their lawsuit as a result.
- Justice Stephen Breyer wrote the majority decision. Justices Samuel Alito and Neil Gorsuch dissented.
- The states' lawsuit should have been able to proceed, Alito wrote, and the shell of the mandate is "clearly unconstitutional, and to the extent that the provisions of the ACA that burden the States are inextricably linked to the individual mandate, they too are unenforceable.
Transcripts show George Floyd told police "I can't breathe" over 20 times
Section2Newly released transcripts of bodycam footage from the Minneapolis Police Department show that George Floyd told officers he could not breathe more than 20 times in the moments leading up to his death.
Why it matters: Floyd's killing sparked a national wave of Black Lives Matter protests and an ongoing reckoning over systemic racism in the United States. The transcripts "offer one the most thorough and dramatic accounts" before Floyd's death, The New York Times writes.
The state of play: The transcripts were released as former officer Thomas Lane seeks to have the charges that he aided in Floyd's death thrown out in court, per the Times. He is one of four officers who have been charged.
- The filings also include a 60-page transcript of an interview with Lane. He said he "felt maybe that something was going on" when asked if he believed that Floyd was having a medical emergency at the time.
What the transcripts say:
- Floyd told the officers he was claustrophobic as they tried to get him into the squad car.
- The transcripts also show Floyd saying, "Momma, I love you. Tell my kids I love them. I'm dead."
- Former officer Derek Chauvin, who had his knee on Floyd's neck for over eight minutes, told Floyd, "Then stop talking, stop yelling, it takes a heck of a lot of oxygen to talk."
Read the transcripts via DocumentCloud.