Daily Caller News Foundation cites CEI Senior Fellow Joel Zinberg on Affordable Care Act.
Dr. Joel Zinberg, a senior fellow at the Competitive Enterprise Institute, said that while the Court’s coming ruling is “difficult to know or predict, it’s unlikely [that the ACA is overturned] with or without a Justice Barrett.”
There are three legal components to Texas v. California, Zinberg told the Daily Caller News Foundation: the case’s standing, the constitutionality of the Act’s individual mandate, and whether the mandate, if found to be unconstitutional, can be separated from the rest of the legislation.
In order for the case to even be decided, the plaintiffs must first show their connection to any negative repercussions of the law, something that is not guaranteed.
“The Supreme Court can only decide issues that are properly in front of them. The plaintiffs have to show that they were somehow injured in the statute,” Zinberg said.