The Affordable Care Act, also known as Obamacare, just survived its third legal challenge in the 11 years since it became the law of the land in the United States. But keen legal observers may see this week’s decision as less of a victory for proponents of Obamacare and more a set-up punch for the upcoming final round.
In a 7-2 decision in California v. Texas, argued in front of the U.S. Supreme Court in November and decided Thursday, the court upheld Obamacare from both state and individual challenges. But what the court didn’t do may prove infinitely more important, as it refused to make a decision on the actual constitutionality of the Affordable Care Act, leaving the door open for its key provisions to be struck down the next time they allow a new set of petitioners to enter their hallowed halls to take a new swing at the fences.
