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Democratic state attorneys general are asking the Supreme Court to intervene this term in a case that could invalidate the entire Affordable Care Act. In December, a federal appeals court panel ruled that the “individual mandate” provision of the health law is unconstitutional now that Congress has reduced the penalty for not having insurance to zero. But it sent the case back to the lower-court judge to determine how much else of the law can remain in light of that finding.
Democrats want the high court to rule on the case now, which would be unusual but not unprecedented.
Meanwhile, Republicans on Capitol Hill are asking the Supreme Court to use a