Supreme Court upholds Affordable Care Act, keeping Obamacare in place

US Supreme Court

US Supreme Court

The Supreme Court on Thursday turned back its third chance to upend the Affordable Care Act, rejecting a lawsuit filed by a group of Republican state attorneys general claiming that a change made by Congress in 2017 had rendered the entire law unconstitutional.

Justice Stephen Breyer wrote the majority ruling in the case, "California v. Texas".

"A big win for the American people", Democratic President Joe Biden, whose administration opposed the lawsuit, wrote in a Twitter post, adding that millions of people rely upon the law for healthcare coverage while encouraging others to sign up.

Texas and other Republican-leaning states, backed by the Trump administration, sought to strike down the law on technical arguments after Congress reduced to zero the tax penalty for failing to carry health insurance. They argued that without the mandate, a pillar of the law when it was passed, the rest of the law should fall, too.

"Neither the individual nor the state plaintiffs have shown that the injury they will suffer or have suffered is "fairly traceable" to the "allegedly unlawful conduct" of which they complain". The threat of elimination - which failed when the late Senator John McCain of Arizona gave a memorable thumbs down in an early morning vote in 2017 - put a spotlight on popular provisions of the law, notably its prohibition on insurers charging sick people more for coverage and its list of "essential health benefits", like hospitalization and maternity care, that must be covered. "No such remedy exists here".

In another case in 2012, NFIB vs. Sebelius, the court narrowly upheld the law by a 5-4 margin and found that the individual mandate was a tax and that states could not forcibly be required to expand Medicaid. "But the legislature is where future battles about health care are likely to play out rather than the courts and the Supreme Court, in particular", she said. The Supreme Court reverses the lower court's ruling on the individual mandate.

Justice Amy Coney Barrett, a Trump appointee whose 2020 confirmation hearing included questions from Democrats over whether she would vote to invalidate Obamacare, joined the majority in the ruling. Justices Samuel Alito and Neil Gorsuch were the only members of the nine-person court who dissented.

Most of it, including tax subsidies to help people afford coverage and, in 39 states (including the District of Columbia), expanded eligibility for Medicaid, the US health insurance program for low-income Americans.

The states' lawsuit should have been able to proceed, Alito argued.

As death rate slows, USA exceeds 600000 COVID-19 fatalities
By comparison, it took just over one month for the USA death toll to surge from 400 ,000 to 500,000 this past winter. The United States has racked up by far the largest death toll of the pandemic, ahead of Brazil and India.

Timothy Jost, JD, emeritus professor of law at Washington and Lee University in Lexington, Virginia, agreed.

"We do not reach these questions of the Act's validity, however, for Texas and the other plaintiffs in this suit lack the standing necessary to raise them". In other words, did the provisions they singled out harm them in a way that the court could fix?

In December of 2019, a federal appeals court held that the individual mandate was unconstitutional.

While, in theory, the decision creates an opening for a plaintiff who can show standing, Jost sees that as very unlikely.

Leaders at the Heritage Foundation, a conservative think tank, drew a similar conclusion.

He reopened the federal market from February 15 to August 15, allowing more people who are uninsured during the pandemic to sign up for health coverage. But more than 20 million Americans now depend on it for their health insurance.

Advocates of the landmark healthcare law, however, were delighted and relieved. Key Obamacare consumer protections that also remain in place allow children to stay on a parent's policy until age 26, require insurance companies to treat people with preexisting conditions equally and prohibit the imposition of annual or lifetime coverage limits.

But it's not clear what Republicans can do, said Larry Levitt, an executive vice president for the nonprofit Kaiser Family Foundation, which studies health care.

Recommended News

  • Ron Johnson says he will no longer oppose 'strange' Juneteenth holiday

    Ron Johnson says he will no longer oppose 'strange' Juneteenth holiday

    Providence Mayor Jorge Elorza has officially declared Juneteenth an official paid holiday for city employees. In 1980, Juneteenth became a Texas state holiday.
    Victoria records two new local COVID-19 cases

    Victoria records two new local COVID-19 cases

    As a result, both residents were identified as close primary contacts of an existing case and have fortunately been in isolation. COVID-19 testing staff entering the Kings Park on Southbank apartment building, in Melbourne, Tuesday, 15 June, 2021.
    Israel Strikes in Gaza after Militants Fire Arson Balloons

    Israel Strikes in Gaza after Militants Fire Arson Balloons

    Israeli police officers detain a Palestinian man during clashes that erupted ahead of a planned march by Jewish ultranationalists. The coalition includes three parties that are headed by politicians who used to be Netanyahu allies, including Bennett.
  • US CDC classifies Delta variant as ‘variant of concern’

    US CDC classifies Delta variant as ‘variant of concern’

    The Delta variant has been attributed to the rapid outbreak in the small population of Labuan with fewer than 100,000 residents. Moreover, the scientific analysis now in Public Health England journal found no deaths among the vaccinated who were studied.
    Matt Hancock says he isn’t hopeless

    Matt Hancock says he isn’t hopeless

    This was dismissed as "utter nonsense" by Johnson's press secretary in a briefing with reporters. Johnson then replies by simply saying: "Totally fucking hopeless".

    How Healthcare Providers Can Reduce Insurance Claim Denials

    And, it’s important to account for the time and effort spent by administrative staff handling these denied claims. They also have the potential to adversely affect patients’ opinions about the organization.
  • G7 to develop rival scheme to China's belt and road initiative

    G7 to develop rival scheme to China's belt and road initiative

    The Communist Party has denied the allegations. "This is not just about confronting or taking on China", the official said. China also is expected to be on the agenda at the North Atlantic Treaty Organisation meeting, USA officials said.
    Humpback whale scoops up and spits out lobster fisherman

    Humpback whale scoops up and spits out lobster fisherman

    In an effort to save himself, Packard said he began shaking the whale's head before the animal surfaced and ejected him. Pachard said he was thinking "there's no way I'm getting out of here". "I think it was a surprise to all involved".

    How to Upgrade Your Skills to MCSA: Windows Server 2016 Certification? ExamSnap Guide on Microsoft 70-743 Exam

    Depending on your behavior, it can be determined whether or not you are using exam dumps and if so, penalties will be imposed. As you can see the retake policy is a bit lenient, but it is still wise to make sure that you pass at the first attempt.
  • Ontario reports less than 300 new COVID-19 cases

    Ontario reports less than 300 new COVID-19 cases

    Joseph's Care Group have received at least one vaccine , while the figure is 70 per cent among staff at Pioneer Ridge. Hospitalizations are down more than 100 since one week ago and ICU numbers have dropped almost 100 in the last week.
    106 new COVID-19 cases, one new death reported for Saturday

    106 new COVID-19 cases, one new death reported for Saturday

    Saskatchewan reported 65 new COVID-19 cases on Saturday, bringing the province's total to 47,941 cases throughout the pandemic . To date, 11,504 cases of variants of concern have been identified by screening in Saskatchewan.

    3 World Series Contenders Nobody is Talking About

    Despite being loaded on offense, the Cardinals have been inefficient in 2019 and rank near the bottom-10 in runs and home runs. Louis has title-winning pedigree and are loaded offensively, but thus far simply haven’t delivered consistent results.

We are pleased to provide this opportunity to share information, experiences and observations about what's in the news.
Some of the comments may be reprinted elsewhere in the site or in the newspaper.
Thank you for taking the time to offer your thoughts.