On Tuesday, Nov. 10, the Supreme Court will hear oral 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.

KFF held an interactive web briefing on Monday, Nov. 9, to share insights about the legal issues in the case and the potential ramifications if the Court ultimately invalidates all or most of the law as sought by the conservative state officials bringing the suit.

Led by KFF Executive Vice President for Health Policy Larry Levitt, the briefing covered aspects of the case and its implications for key parts of the ACA, including provisions that bar insurers from discriminating against people with pre-existing conditions, the creation of state insurance marketplaces with tax credits and subsidies to make coverage affordable for low- and moderate-income Americans, and the additional federal funding for states to expand Medicaid to cover low-income adults. The discussion also looked at how the election results may affect the course of the case.

The briefing included short presentations by Associate Director of the Program on Medicaid and the Uninsured MaryBeth Musumeci, an attorney, who explained the legal issues before the court; Vice President and Director of the Program on the ACA Cynthia Cox; and Vice President and Co-Director of the Program on Medicaid and the Uninsured Robin Rudowitz. The hour-long briefing also included a question-and-answer session with the presenters and other KFF policy experts.

Related resources from KFF: 

Overview of the case:

• Explaining California v. Texas: A Guide to the Case Challenging the ACA
• Potential Impact of California v. Texas Decision on Key Provisions of the ACA
• 5 charts about public opinion on the ACA and the Supreme Court

Analysis of pre-existing conditions:

• Return of Health Discrimination to Insurance Markets Could Affect Millions of People
• 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 Condition
• Medicaid Covers People with Pre-existing Conditions, Too
• Pre-existing Condition Prevalence for Individuals and Families
• Pre-existing Condition Prevalence Among Women Under Age 65

Analysis of other ACA provisions:

• Eliminating the ACA: What Could It Mean for Medicaid Expansion?
• Loss of the ACA Could Greatly Erode Health Coverage and Benefits for Women
• What Happens to Medicaid Drug Policy if the ACA is Overturned?
• Loss of the ACA Would Widen Racial Disparities in Health Care
• People with Disabilities Are At Risk of Losing Medicaid Coverage Without the ACA Expansion