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For months, congressional Republicans have ignored the Texas-led lawsuit seeking to overturn the Affordable Care Act. With the midterm elections looming, talk of the case threatened to reopen wounds from failed attempts to repeal the law. Not to mention that legal experts have been panning the basis of the suit. But that's all changing as the ACA faces its day in court … again. The queasy feeling of uncertainty that surrounded the law just one year ago is back. The level of panic setting in for the industry and lawmakers is pinned to oral arguments set for Sept. 5 in Texas vs. Azar. (Luthi, 8/31)

Kaiser Health News: A Texas Lawsuit Being Heard This Week Could Mean Life Or Death For The ACA

In February, 18 GOP attorneys general and two GOP governors filed the suit in federal district court in the Northern District of Texas. They argue that because the Supreme Court upheld the ACA in 2012 by saying its requirement to carry insurance was a legitimate use of Congress’ taxing power, eliminating the tax penalty for failure to have health insurance makes the entire law unconstitutional. “Texans have known all along that Obamacare is unlawful and a divided Supreme Court’s approval rested solely on the flimsy support of Congress’ authority to tax,” Paxton said in a statement when the suit was filed. “Congress has now kicked that flimsy support from beneath the law.” (Rovner, 9/4)

Consumers who buy insurance through the Affordable Care Act markets may be pleasantly surprised this fall as average premiums are forecast to rise much less than in recent years. The price of a 2019 policy sold on the ACA exchanges will increase less than 4 percent according to an analysis of preliminary filings from insurers in all 50 states by ACASignups.net, a web site and blog run by analyst Charles Gaba that tracks ACA enrollment and insurer participation. (Kodjak, 9/3)

Former Sen. Joe Lieberman (I-Conn.) on Saturday defended his friend and former colleague, the late Sen. John McCain (R-Ariz.), for voting against the Republican ObamaCare repeal last year. Lieberman spoke during McCain’s funeral service at the Washington National Cathedral on Saturday, saying the senator's notorious thumbs-down vote was a vote against "mindless partisanship." (Gstalter, 9/1)