The U.S. Supreme Court will hear oral arguments on certain red states’ challenge to the Affordable Care Act on November 10, one week after the November 3 presidential election, according to the court’s online docket released on Wednesday, August 19.  The central argument in the case is whether the entire ACA is invalid without a penalty for failing to obtain health coverage (the “individual mandate”).   The red state plaintiffs have argued that because Congress made the penalty zero dollars, the individual mandate can no longer be considered a tax, thus rendering the entire law unconstitutional.  The U.S. Department of Justice has refused to defend the law.  An announcement of the Court’s ruling on the case is not expected until mid-2021.  An earlier Health Law Pulse post about the 5th Circuit’s decision in this case may be found here.