Of course, talking about the unpopular health care at length law isn't what Heitkamp wants to be doing. But with outside money promoting it as an issue, failing to respond would effectively cede the issue to the GOP entirely. The Supreme Court is slated to rule on the constitutionality of the Affordable Care Act by the end of the month, keeping the legislation front and center during the election year. Last cycle, then-Rep. Earl Pomeroy released an apologetic spot referencing the health care law a week before his loss to Berg. Previously, he ran an ad defending his record on health care and his vote for the bill, while attacking Berg for "listening to big insurance, not to us."