More than a decade after its enactment, the future of the Affordable Care Act (ACA) remains uncertain as the U.S. Supreme Court takes up another challenge to the law’s constitutionality in California v. Texas (known as Texas v. U.S. in the lower courts). Oral argument is scheduled for Tuesday, November 10, 2020.
The ACA remains in effect while the litigation is pending. However, if all or most of the law ultimately is struck down, it will have complex and far-reaching consequences for the nation’s health care system, affecting nearly everyone in some way.
For information about ACA Marketplace Open Enrollment, including fact sheets and 300+ FAQs, visit our collection of resources on Understanding Health Insurance.
Featured Affordable Care Act Resources
Explaining California v. Texas: A Guide to the Case Challenging the ACA
This issue brief answers key questions about California v. Texas (known as Texas v. US in the lower courts), the case challenging the Affordable Care Act to be heard by the Supreme Court.
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Related Affordable Care Act Resources
- 5 Charts About Public Opinion on the Affordable Care Act and the Supreme Court
- Affordability in the ACA Marketplace Under a Proposal Like Joe Biden’s Health Plan
- Eligibility for ACA Health Coverage Following Job Loss
- Protecting People With Pre-Existing Conditions Isn’t As Easy As It Seems
- Is COVID-19 a Pre-Existing Condition? What Could Happen if the ACA is Overturned
- Mental Illnesses May Soon Be the Most Common Pre-Existing Conditions
- Pre-Existing Condition Prevalence for Individuals and Families
- Eliminating the ACA: What Could It Mean for Medicaid Expansion?
- Loss of the Affordable Care Act Would Widen Racial Disparities in Health Coverage
- Loss of the ACA Could Greatly Erode Health Coverage and Benefits for Women
- The Effects of Medicaid Expansion under the ACA: Updated Findings from a Literature Review
- FAQs: Health Insurance Marketplace and the ACA
- Status of State Medicaid Expansion Decisions: Interactive Map
- Preventive Services Tracker
- Tracking Section 1332 State Innovation Waivers
Potential Impact of California v. Texas Decision on Key Provisions of the Affordable Care Act
The Supreme Court will review the constitutionality of the Affordable Care Act (ACA) this November in California v. Texas. This fact sheet summarizes the major provisions of the ACA, illustrating the breadth of its changes to the health care system. If all of most of the ACA is struck down, many of these provisions could be eliminated.
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Improving the Affordability of Coverage through the Basic Health Program in Minnesota and New York
To date, Minnesota and New York are the only states to have adopted a Basic Health Program (BHP), an option in the Affordable Care Act (ACA) that permits state-administered coverage in lieu of marketplace coverage for those with incomes below 200% of the federal poverty level (FPL) who would otherwise qualify for marketplace subsidies. BHP covers adults with incomes between 138-200% of FPL and lawfully present non-citizens with incomes below 138% FPL whose immigration status makes them ineligible for Medicaid. This brief reviews Minnesota’s and New York’s approaches to BHP and assesses BHP’s impact on consumers, marketplaces, and state costs. Although there is uncertainty around the future of the ACA (including BHP) following the 2016 election, BHP implementation offers important lessons for consideration in future reforms about structuring coverage programs for low-income uninsured consumers.
Issue Brief Read MorePrivate Insurance Coverage of Contraception
Insurance coverage of contraceptive services has been the focus of policy attention by state and federal policymakers, as well as in the courts, over the past two decades. This issue brief explains the rules for private insurance coverage of contraceptives at the federal and state level and discusses key issues regarding the provision and coverage of contraception by private insurance plans, including the impact of the Affordable Care Act (ACA).
Issue Brief Read MoreWhat’s at Stake in a Potential Repeal of the ACA Medicaid Expansion?
President-elect Trump and Republican leaders in Congress have vowed to repeal the Affordable Care Act (ACA) and replace it with an alternative plan. There are now 32 states (including DC) that have adopted the ACA’s Medicaid expansion. While the details of a repeal-and-replace plan are not yet available to assess…
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What Coverage and Financing is at Risk Under a Repeal of the ACA Medicaid Expansion?
This issue brief examines the changes in coverage and financing that have occurred under the Affordable Care Act’s (ACA) Medicaid expansion to provide insight into the potential scope of coverage and funding that may be at risk under a repeal of the law.
Issue Brief Read MoreNew State Data: ACA Marketplace Enrollees Receiving Estimated $32.8 Billion in Tax Credits, Which Would be Eliminated Under Repeal of the ACA
State data from the Kaiser Family Foundation estimate that 9.4 million Americans who bought health plans through Affordable Care Act marketplaces will receive a total of about $32.8 billion in premium tax credits for 2016. A repeal of the health law would eliminate these subsidies.
News Release Read MoreHow the Republican Health Agenda Could Play Out
In this Wall Street Journal Think Tank column Drew Altman discusses how Republicans will assume ownership of health care’s policy and political problems as they assume control, and how that may affect their plans for the Affordable Care Act, Medicaid and Medicare.
Perspective Read MoreAfter the Election, the Public Remains Sharply Divided on Future of the Affordable Care Act
Among Those Who Favor Repeal, Arguments About Loss of Coverage for Those with Pre-Existing Conditions Can Sway Some Opinions Many Obamacare Provisions Remain Broadly Popular Across Party Lines, But Not its Mandate The first Kaiser Health Tracking Poll since the 2016 election finds that Americans are largely divided on the…
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Kaiser Health Tracking Poll: November 2016
The November Kaiser Health Tracking Poll, conducted one week after the 2016 presidential election, finds health care played a limited role in voters’ 2016 election decisions. While President-elect Trump and Republican lawmakers have made it clear that one of their top priorities is the repeal of the Affordable Care Act, the survey finds Americans are divided on what they want to see lawmakers do to the health care law. This survey also finds that many of the law’s major provisions continue to be popular, even across party lines.
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Key Medicaid Questions Post-Election
This fact sheet provides insight into how a repeal of the Affordable Care Act (ACA) and changes in the financing structure would affect Medicaid, including the Medicaid expansion, and how a Trump administration could change Medicaid through administrative actions.
Fact Sheet Read MoreThe Bigger Story, and Agenda, Behind GOP Changes to Obamacare, Medicare and Medicaid
This column was published as a Wall Street Journal Think Tank column on November 21, 2016. Early media coverage of the Republican health-care agenda has concentrated on plans to repeal and then replace the Affordable Care Act. The larger story is GOP preparations for a health policy trifecta: to fundamentally change the…
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