Court over two provisions that would expand
coverage: the Medicaid expansion and the
requirement for individuals not covered under
public programs or by employer-sponsored
insurance to purchase insurance; the Court’s
decision would have implications not just for
these provisions but for other parts of the law as
well.* 176
- For example, if the Supreme Court decides that the
individual mandate is unconstitutional and not
severable from the rest of the legislation, the entire
ACA would be struck down. If it is deemed
unconstitutional and severable, then the prohibitions
against excluding patients with pre-existing
conditions and charging higher premiums based on a
person’s medical history also might be invalidated.