Why Trump can't count on the Supreme Court to kill Obamacare
- Author: Ismael Montgomery Dec 18, 2018,
Dec 18, 2018, 0:47
"We'll be able to get great health care", Trump said Saturday during an unannounced visit to Arlington National Cemetery, where a "Wreaths Across America" holiday wreath-laying event was under way. Opponents of the suit have vowed to appeal.
White House press secretary Sarah Huckabee Sanders said: "We expect this ruling will be appealed to the Supreme Court". It has "no impact to current coverage or coverage in a 2019 plan", Seema Verma, administrator for the Centers for Medicare and Medicaid Services, said on Twitter.
In a decision that could reach the U.S. Supreme Court, O'Connor sided with a coalition of 20 states that argued requiring people to pay for insurance coverage is illegal because a change in tax law past year eliminated a penalty for not having health insurance.
"Today's ruling is an assault on 133 million Americans with preexisting conditions, on the 20 million Americans who rely on the ACA's consumer protections for health care, and on America's faithful progress toward affordable health care for all Americans", California Attorney General Xavier Becerra said in a statement. O'Connor was appointed to the federal bench by President George W. Bush.
Preserving the law's protections for people with pre-existing medical conditions proved to be a strong argument for Democrats in the midterm elections. "Time for us to save billions of dollars a year and have, at the same time, far greater safety and control!"
However, Congress is unlikely to act while the case remains in the courts.
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Democrats weren't the only ones to criticize the decision. Much of the focus by the public after the decision has been on the 10 million people who buy insurance through the ACA marketplaces and the 12 million who are covered through their states' Medicaid expansion. Collins weighed in on a number of other issues while on State of the Union.
In 2012, the Supreme Court ruled that the coverage mandate was constitutional because it's based on Congress's taxing power.
The Texas judge agreed. The healthcare law has faced fierce opposition from the Republican Party. "The fact of the matter is that there really is no basis for striking down the entire Affordable Care Act in large measure, because the mandate was toothless and it can't be essential to the whole bill if it's toothless", Emanuel said on CNN. "To find otherwise would be to introduce an entirely new regulatory scheme never intended by Congress or signed by the president". Texas Attorney General Ken Paxton led the lawsuit and came under fire during his 2018 re-election campaign for specifically targeting coverage for pre-existing conditions. "I rarely reach this conclusion, but only a results-driven policy agenda could begin to explain his absurd conclusion that Congress's 2017 decision to zero out the penalty for not buying the insurance mandated by the ACA while retaining the rest of the ACA somehow rendered the entire ACA unconstitutional". "Now we have a judge saying we have an unenforceable mandate".
Total enrollment is on track to be lower than in previous years, which many critics have credited to efforts by the Trump administration to promote alternatives to the law or cut back on its promotion. United States, was filed in February.
"If this very bad ruling is upheld in the higher courts, it will be a disaster for tens of millions of American families, especially for people with pre-existing conditions", Schumer said in a statement.
Worth, Texas that the ACA's individual mandate requiring all Americans to buy insurance is unconstitutional and can not be considered a tax, invalidating the rest of the law.
The ACA may be at top of mind for many of your employees right now, especially because this past Saturday was the deadline for individuals in most states to enroll in the law's insurance exchange program.