OPINION: SLU Law Professor says 'battles' over Obamacare should be in Congress, not SCOTUS

Obamacare Sign
Photo credit © Shelby Knowles The Texas Tribune

Saint Louis University Law Professor Greg Willard joined Randy Tobler on a recent show to discuss the latest Supreme Court ruling on the Affordable Care Act.

Willard points out that this is not the first time that "Obamacare" has been challenged.

"This is the third, count them, one, two, three; third trip of Obamacare to the Supreme Court," says Willard. The program faced court scrutiny over the penalty for not signing up for an insurance plan in 2012, and a challenge to the program's tax credits in 2015. In both cases, the program survived as constitutional.

Willard says this time the court did not rule on the constitutionality of the issue, but instead ruled 7-to-2 that the states that sued along with several individuals did not have, "what we lawyers call, standing. They in effect did not have the right to sue."

Following this latest ruling, Willard tells Randy that he doesn't expect another Obamacare case to reach the high court.

"The battles on Obamacare in the future are going to go across the street," says Willard, "where they should have been all these years, in the United States Congress."

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Featured Image Photo Credit: © Shelby Knowles The Texas Tribune