“It’s insane to me the validity of a law passed 10 years ago is in jeopardy because of the death of an 87-year-old woman,” Nick Bagley, a health law professor at the University of Michigan who closely tracks Affordable Care Act-related litigation, told me.
The ACA lawsuit will be front-and-center in the war over a new Supreme Court justice.
President Trump is expected to nominate a replacement for Ginsburg this week, kicking off a dramatic and intense battle over the future of the Supreme Court even as the Nov. 3 election draws near.
Ginsburg’s death has intensified Democrats’ focus on the high-profile case against Obamacare, brought by conservative states and supported by the Trump administration. Democrats won control of the House in 2018 partly by making the lawsuit a major theme, and this year they’ve been constantly reminding voters in ads and campaign speeches that the court could strike down