If Joe Biden comes to power before Scotus rules on Obamacare what are our options?

[Le Roi de Pot]

can the new AG do anything about it?

Or will it require the congress to add the mandate back? Can the SCOTUS ignore the mandate?

[The Velveteen Ocelot]

1. Congress would have to start over and re-draft the legislation

so it complies with whatever Constitutional problems the Supreme Court might come up with. The AG would have no role in it.

[wryter2000]

2. If we take the Senate

Get rid of the filibuster and open Medicare to anyone who wants to enroll.

[doc03]

3. Add three more to the SCOTUS. nt

[lagomorph777]

6. Four

Must take a majority.

[getagrip_already]

4. or they would need to raise a new challenge to a new court....

At some point, the composition will change given the age of the 3 senior gop justices. Assuming they don't resign when trump loses so the gop can fill the seats with young extrmists.

Even without expanding the court, putting term limits on them, or any other twiddling of dials, the court will change over the next 8 years.

[beachbumbob]

5. The problem lies with any lawsuit can be filed and take it eventually to

the Supreme Court. This will also be the play until we have a majority on the court. I see this SC with Barrett could easily rule social security, Medicare, Medicaid as all unconstitutional. That is a real threat and could happen. No appeal of a SC decision and they can rule any law passed as unconstitutional.

[kurtcagle]

7. I think this provides an opportunity for a redesign

Make it optional by state: your state is either in BidenCare or it's not. Play hardball with the Red States. Once a state is in, it's a commitment for ten years, at which point states can choose, through legislative action to drop out. Drop Medicare to 50+ and cover all children to 18 under Medicare. States have the ability to create a public option. Take out all the bad facets from Obamacare (which was deliberately hobbled to get it passed) and build it out right.

[lagomorph777]

8. Pull out of the lawsuit. Then SCROTUS has nothing to rule on.

[regnaD kciN]

11. The case was brought by the state of Texas...

The current administration only signed on as a supporter. Even if Biden wins and pulls the federal government out, the case remains. And arguments are to be heard within a week of the election, so nothing an incoming administration can do will affect it.

[lagomorph777]

13. I forgot that.

TX may have a bluer government after the election, too!

But otherwise, we have to unpack SCROTUS and start over.

[subterranean]

9. Congress could reinstate the tax penalty, even if it's just $1. Problem solved.

Of course, that hinges on whether we win control of the Senate.

[Le Roi de Pot]

15. This might work

Takes away their basis

[Fiendish Thingy]

10. SCOTUS is ruling on the ACA the week after the election

Regardless of what happens, SCOTUS must be expanded to at least 15 seats.

If the ACA is overturned, then congress can pass universal healthcare, which 69% of Americans support in some form.

[regnaD kciN]

12. They'll be hearing arguments then...

It's possible that the actual decision won't be released until next June.

[lagomorph777]

14. I like your style.

Go big or go home!