| The coronavirus pandemic is going to create a new class of Americans with pre-existing medical conditions. Now their health insurance may be in danger. On Tuesday the U.S. Supreme Court will hear arguments in the ongoing legal challenge to the Affordable Care Act. It's the latest battle in a long political war, now in its second decade, over the law credited with reducing the number of uninsured by almost 20 million and preventing people with pre-existing conditions from being denied coverage. The arguments come amid the intensifying pandemic and follow a raw and tight presidential election that paved the way for Joe Biden's victory. The law has survived two earlier Supreme Court challenges, with Chief Justice John Roberts joining his more liberal colleagues to uphold most of it. With Amy Coney Barrett replacing Ruth Bader Ginsburg on the bench, Roberts and at least one other conservative justice would have to rule similarly to uphold the law this time.  Newly installed Justice Amy Coney Barrett may play a key role in a Supreme Court decision on the Affordable Care Act. Photographer: Chris Kleponis/CNP GOP-controlled states led by Texas and the Trump administration will argue against the law known as Obamacare, while Democratic states led by California and the House of Representatives will argue to uphold it. At issue is whether the ACA's mandate to have health insurance is still constitutional after Congress eliminated the financial penalty for going uninsured, and, if not, whether that mandate is "severable" from the rest of the law or, as the plaintiffs argue, the entire statute must go. In 2012, Roberts upheld the mandate's constitutionality as a tax. Congress could neuter the latest legal argument with a one-sentence bill imposing a nominal tax, say $1, for the individual mandate penalty. The odds of that shrink along with Democrats' chances to regain control of the Senate. The balance of power is likely to hinge on two runoff races in Georgia. Legal experts, including some who oppose the ACA, consider the case for striking down the entire law a long shot. While the political conflict over the law may persist beyond this case, it's worth noting that the business world has moved on. Groups that opposed Obamacare when it passed a decade ago, including the U.S. Chamber of Commerce, are absent from the current litigation. Meanwhile, advocates for patients, hospitals, health plans, doctors, unions, tribes and others have filed briefs defending the law. They warn of chaos if it's struck down, especially in the middle of a pandemic.—John Tozzi | 
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