Courts - Research and Data from KFF

Tracking Poll: A Large and Growing Majority, Including Republicans, Does Not Want the Supreme Court to Overturn the ACA’s Protections for People with Pre-Existing Conditions

Oct 15, 2020

News Release

As the Senate considers Judge Amy Coney Barrett’s nomination to the Supreme Court, the October KFF Health Tracking Poll finds a large majority (79%) of the public do not want the Court to overturn the Affordable Care Act’s protections for people with pre-existing medical conditions, up 17 percentage points since last year when 62% held…

Protecting People With Pre-Existing Conditions Isn’t As Easy As It Seems

Oct 5, 2020

Policy Watch

With the death of Justice Ruth Bader Ginsburg, a lawsuit before the Supreme Court to overturn the Affordable Care Act (ACA) suddenly has a much better chance of succeeding. And, that could make protections for people with pre-existing conditions an even bigger campaign issue.

A Court Ruling Striking Down the ACA Would Eliminate the Medicaid Expansion and Cause Millions of Low-Income People to Become Uninsured

Oct 1, 2020

News Release

Millions of low-income Americans currently covered by Medicaid likely would become uninsured if the Supreme Court were to strike down the Affordable Care Act in California v. Texas, a legal challenge the high court is scheduled to hear in early November, KFF experts explain in a new Policy Watch post.

Loss of the Affordable Care Act Would Widen Racial Disparities in Health Coverage

Oct 1, 2020

Policy Watch

In November, the Supreme Court is scheduled to hear arguments on a legal challenge that seeks to overturn the Affordable Care Act (ACA). This analysis shows that new coverage options under the ACA have contributed to large gains in coverage, particularly among people of color, helping to narrow longstanding racial disparities in health coverage.

Eliminating the ACA: What Could It Mean for Medicaid Expansion?

Oct 1, 2020

Policy Watch

The debate over filling the Supreme Court seat previously held by Ruth Bader Ginsburg has brought renewed attention to the possibility of the Affordable Care Act (ACA) being overturned under the court challenge in California v. Texas, currently scheduled to be heard shortly after the election this November. The expansion of Medicaid was a central component of the ACA, and 39 states have now adopted the ACA expansion into their Medicaid programs. Because Medicaid is administered by states, under federal guidelines, there may be some confusion about how overturning the federal law would affect state Medicaid programs.

Is COVID-19 a Pre-Existing Condition? What Could Happen if the ACA is Overturned

Sep 30, 2020

Policy Watch

If the ACA is overturned, federal law protection for people with pre-existing health conditions would end. This post examines what that could mean for people in the time of COVID-19, including whether and how insurers could deny coverage to people who have had COVID or other pre-existing conditions.

Return of Health Discrimination to Insurance Markets Could Affect Millions of People

Sep 29, 2020

Policy Watch

Without the ACA, there is nothing in federal law to assure people with pre-existing health conditions access to affordable individual market coverage. This post looks at how overturning the ACA would disproportionately affect older adults, younger women, and people living outside metro areas

Analysis Examines the Affordable Care Act’s Impact on Nearly All Americans

Sep 23, 2020

News Release

A week after the 2020 elections, the Supreme Court is scheduled to hear arguments on a legal challenge, supported by the Trump administration, that seeks to overturn the Affordable Care Act, an outcome that would have major effects throughout the health care system as the law’s provisions have affected nearly all Americans in some way.

Potential Impact of California v. Texas Decision on Key Provisions of the Affordable Care Act

Sep 22, 2020

Issue Brief

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.

The Trump Administration’s Final Rule on Section 1557 Non-Discrimination Regulations Under the ACA and Current Status

Sep 18, 2020

Issue Brief

Section 1557 of the Affordable Care Act prohibits discrimination based on race, color, national origin, sex, age, and disability in health programs and activities receiving federal funds. Here are the significant ways HHS's final rule would narrow the scope of this regulation.

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