I think, frankly, that they wanted the court to do that, but thatโs not our job,โ Roberts said.
The Supreme Court could have heard the case before the election, but set arguments for a week after.
Without the penalty, the law's mandate to have health insurance is unconstitutional, the GOP-led states argue.
However, enrollment in the lawโs insurance markets has stayed relatively stable at more than 11 million people, even after the effective date of the penaltyโs elimination in 2019.
The case could also be rendered irrelevant if the new Congress were to restore a modest penalty for not buying health insurance.