On November 10, the Supreme Court heard oral arguments for the third case considering the legality of the Affordable Care Act. The Trump administration and the GOP have been attempting to strike down the ACA for some time but it looks as if the Supreme Court will not aid that mission.

During arguments, Chief Justice Roberts and Justice Kavanaugh said that Congress’s decision in 2017 to zero-out the penalty for not buying health insurance did not indicate a desire to strike down the entire ACA. In addition, Roberts upheld the bill’s constitutionality in 2012. Kavanaugh has said that precedent creates a strong presumption that a law should be kept if constitutional infirmity can be clearly exercised. Roberts, Kavanaugh, and the liberal justices make a majority of five, derailing the GOP’s most recent attempt to derail the ACA.