The Supreme Court on Tuesday will hear arguments in the lawsuit brought by former Alabama state Rep. Tom Ledbetter over whether TrumpCare is constitutional.
The case is a major test for the Trump administration’s approach to health care reform, and for whether the Trump White House is willing to take the full weight of a Supreme Court decision, said David Boies, a partner at the law firm and former top counsel to former President Barack Obama.
“There are two distinct sets of facts to be determined,” Boies said.
“The first is the legality of what the administration did.
The second is the constitutionality of what it has been doing.
That’s what we’re trying to determine.”
This case is about the legitimacy of what they’re doing.
It’s about whether there’s any constitutional authority that they’re violating,” he said.”
The administration has said, ‘We’re not going to give up the Obamacare program,’ and they’re clearly violating that.
That was their position.
The court is now going to decide if there’s a constitutional violation.
“They’re still in the process of determining whether there is constitutional violation, and the Trump people are very clearly not going down that road,” Boys said.
On Wednesday, the court will hear oral arguments in a lawsuit brought on behalf of former New York City Mayor Michael Bloomberg, the city’s top elected official, and four state attorneys general.
The suits, filed last year, seek to overturn the 2016 decision by the U.S. Supreme Court that gutted the Affordable Care Act and the Medicaid expansion under the health care law known as Obamacare.
The lawsuit is expected to go to the Supreme Court soon.
The Trump administration has denied the allegations, saying it is reviewing the case.
The Supreme Court is likely to rule on whether the lawsuit is legally viable before then.
The justices are expected to hear oral argument on Monday, and they have set a Feb. 6 deadline for arguments in any case that could potentially impact their work.