In fact, the justices are meeting behind closed doors Friday to discuss a different challenge to the law that could, ultimately, be fatal to the future of the Affordable Care Act.
This challenge targets tax subsidies granted to those who seek to obtain insurance from the American Health Benefit Exchanges, often referred to simply as exchanges. The ACA grants the credits to qualifying individuals in order to defray the cost of insurance.
But challengers of the law say its text grants subsidies only for those on the state exchanges, not the federal exchanges. They say lawmakers thought that every state would establish exchanges, and in fact only 16 did.
Here’s the relevant paragraph in their brief to the Supreme Court:
In its briefs, the Obama administration scoffs at the challenge, saying there is no way Congress would have intended such an “absurd” result. Supporters of the law acknowledge, however, if this battle is lost it's unlikely the rest of the law could survive.