Fact Check: Amy Coney Barrett's Confirmation Would Probably Not Overturn Obamacare as a Whole

Fact Check: Amy Coney Barrett's Confirmation Would Probably Not Overturn Obamacare as a Whole


CLAIM: Confirming Justice Amy Coney Barrett to the Supreme Court would mean overturning the Affordable Care Act, a.k.a. Obamacare.

VERDICT: MOSTLY FALSE. While is is possible, it is very unlikely, given the nature of the case.

Democrats repeatedly claimed throughout the first day of Judge Amy Coney Barrett’s Supreme Court confirmation hearing that confirming her would mean overturning Obamacare.

They referred to a current case, California v. Texas, in which the Fifth Circuit affirmed a district court’s decision that the individual mandate to buy health insurance was unconstitutional, since President Donald Trump had signed tax cuts into law in 2017 that set the mandate “tax” at zero.

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Obamacare had only been upheld in NFIB v. Sebelius (2012) on Chief Justice John Roberts’s decision that the mandate was constitutional as a tax, but unconstitutional otherwise.

That rendered the mandate unconstitutional, the Fifth Circuit held, once the mandate was reduced to $0: it was

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