Noah Feldman, Columnist

Supreme Court’s ACA Ruling Is a Win for Common Sense

Obamacare lives again, this time in a 7-2 ruling that rejects an embarrassing argument lodged by 13 conservative states.

June 17, 2021 at 11:15 AM EDT

By Noah Feldman

Noah Feldman is a Bloomberg Opinion columnist. A professor of law at Harvard University, he is author, most recently, of “To Be a Jew Today: A New Guide to God, Israel, and the Jewish People."

Common sense still walks these halls.
Photographer: Bloomberg

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The first time the Supreme Court decided an Affordable Care Act case, back in 2012, the result was a historic case with a complicated opinion written by the chief justice. It’s still studied closely in law schools. Today, the court revisited the ACA — this time as farce.

Today the Supreme Court rejected a coordinated, partisan challenge to law by holding that no one, neither individuals nor states, had standing to bring the case to court at all. The 7-2 decision was a nice reminder that most members of the court’s conservative majority can still exercise common sense even in cases where the Republican base is fired up.

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