As trusted sources of information related to health and health care, nurses should be informed about health care laws that govern access to care.

The issue.

On June 17, 2021, the Supreme Court of the United States (SCOTUS) rejected the latest constitutional challenge to the Affordable Care Act (ACA). The ACA lawsuit was linked to the Tax Cuts and Jobs Act of late 2017, which “zeroed out” the penalties imposed by the ACA’s controversial individual mandate requiring people to have health insurance. Following this, in February 2018 a coalition of 18 states and two individuals filed a lawsuit challenging the legality of the ACA because the individual mandate was unenforceable.

While most pundits initially dismissed the seriousness of the threat of the lawsuit, this changed in June 2018 when the U.S. Department of Justice under President Trump expressed support for the suit, asking the court to strike down not the entire law but just the ACA’s prohibitions against insurers’ denying coverage to people with preexisting conditions and against charging higher premiums because of health status (the Justice Department later expanded its support of the lawsuit to include repeal of the entire ACA). Historically, it is unusual for the Justice Department to […]