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To me, the most important takeaway from today's Fifth Circuit #ACA ruling is that #SCOTUS is off the hook, at least for now.

Yes, the court struck down the "individual mandate." But the real question (whether the rest of the ACA must fall) got kicked back to the district court.
It's entirely possible that we're right back in this same place a year from now, if the district court reaffirms its ... controversial ... severability analysis and this same panel affirms. But this issue could look very different to #SCOTUS in early 2021 than it would look now.
And so long as the rest of the ACA isn't going anywhere in the interim (which, for now, it isn't), there's just no imperative for the Justices to step in now. So even though California (et al.) may ask #SCOTUS to take the case, I'd be shocked if the Court agreed—at least for now.
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Steve Vladeck
@steve_vladeck
In the first-ever case about detention under section 412 of the USA PATRIOT Act, Judge Wolford has ordered an evidentiary hearing into the government’s factual and legal basis for subjecting Adham Hassoun’s to potentially indefinite immigration detention:

aclu.org/sites/default/…
Context:

justsecurity.org/63393/a-test-c…
*Hassoun
Read 3 tweets
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Steve Vladeck
@steve_vladeck
#BREAKING: #SCOTUS agrees to take up three separate disputes over the validity of New York grand-jury and congressional subpoenas for @realDonaldTrump's personal financial records. Cases will be argued in March and resolved by the end of its current Term (June 2020).
@realDonaldTrump Here's the order:

supremecourt.gov/orders/courtor…
It’s really important not to read too much into the fact that #SCOTUS is taking these cases. Historically, these are cases the Justices feel compelled to take up out of deference to the presidency even when they ultimately rule against the President (see Nixon; Clinton v. Jones).
Read 3 tweets
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Steve Vladeck
@steve_vladeck
In 2014, in response to what we’d learned from @Snowden’s leaks and elsewhere, Senator Leahy proposed a carefully crafted bill to meaningfully bolster oversight and accountability for #FISA surveillance. It received 58 votes in the Senate—two short of what it needed for cloture.
Four Republicans voted in favor of the bill: Senators Cruz, Heller, Lee, and Murkowski. The other 41 Republicans—including @LindseyGrahamSC—voted against the reforms, even though the White House had signaled its acquiescence in the reform proposals:

senate.gov/legislative/LI…
Perhaps many of those same Senators have now seen the light, and are willing today to embrace reforms the likes of which Senator Leahy proposed five years ago. But until that actually happens, consider me more than a little skeptical that today’s #FISA hand-wringing is serious.
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Thomas Wood 🌊
@twoodiac
Game changer.

There was a blue wave election last year b/c Ds ran on health care, which happens to be the #1 issue of concern to Americans.

If Ds play their cards as well in election 2020, there could be another blue wave (over pre-existing conditions coverage etc.)
The district court, on remand, has been tasked by the appeals court to determine whether *anything* survives of ACA, given that the court has struck down the individual mandate.

But that is a purely legal question. 1/7
The crisis that this presents to Rs is that the only thing that makes Obamacare *viable* as a practical matter is the individual mandate.

As of today, Obamacare is no longer *financially* viable (forget the legal question) because the individual mandate has been struck down. 2/7
Read 9 tweets
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Charles #GetCovered-ba
@charles_gaba
📣 IMPORTANT: 2020 #ACA Open Enrollment is STILL HAPPENING for 25% of the country! acasignups.net/19/12/16/impor…

#GetCovered
#CA #CO #DC #ID #MA #MN #NY #RI
If you live in CALIFORNIA, you can STILL #GetCovered at CoveredCA.com by FRIDAY for Jan coverage...and HUNDREDS OF THOUSANDS who didn't qualify for tax credits before are now eligible for up to THOUSANDS in savings!

Remember, CA reinstated the mandate penalty as well.
If you live in the DISTRICT OF COLUMBIA, you can STILL #GetCovered at DCHealthLink.com by January 15th for coverage starting in February. Remember, DC reinstated the mandate penalty.
Read 14 tweets
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Ashton Pittman
@ashtonpittman
Great news for Mississippi residents who rely on the ACA: After years with only one health insurer on the federal marketplace, multiple insurers will now compete with plans on healthcare.gov this year, meaning you'll have more options and likely lower costs.
Looking for details, but here's a report in the NYT: nytimes.com/2019/10/22/us/…
NYT reports that the insurance market is stabilizing after some turmoil in the first years of the Trump administration when Congress tried and failed to repea the law, struck down the individual mandate, & @POTUS took some steps aimed at weakening it.
Read 5 tweets
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Melissa Boughton
@mel_bough
We are starting now with opening statements. Stanton Jones is making the case for the plaintiffs in the NC partisan gerrymandering trial #ncga #ncpol
Jones says we will hear testimony from 35 plaintiffs in the case #ncga #ncpol
Jones: This case is about how NC legislative districts have been intentionally and systematically help Republicans win #ncga #ncpol
Read 95 tweets
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Chris Geidner
@chrisgeidner
Now, for the final #SCOTUS decisions of the term.
First #SCOTUS decision is Mitchell v. Wisconsin, with Breyer joining the more conservative justices and Gorsuch joining the more liberal justices to create a 5-4 ruling allowing a blood-draw from an unconscious driver when BAC information is sought. supremecourt.gov/opinions/18pdf…
Note that Gorsuch did not join his more liberal colleagues on the merits of their dissent, though. He would have just tossed the case.
Read 16 tweets
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Josh Blackman
@JoshMBlackman
1/ Thread analyzing Judge O'Connor's ACA decision drive.google.com/file/d/1CAbrWy…
2/ The court found that the individual parties have standing, even though there is no penalty for going uninsured: there is no requirement to show economic injury to establish standing. The mandate, by itself, suffices.
3/ Moreover, a decision for the Plaintiffs would "free" them from mandate, so causation and redressability are satisfied.
Read 36 tweets

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