Conservative US supreme court justices suggest Obamacare will be upheld

[SilentPanda]

Two conservative supreme court justices have suggested the Affordable Care Act (ACA) could be upheld, as oral arguments began in a suit backed by the Trump administration which threatens the healthcare of millions amid a global pandemic.

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In a two-hour teleconference on Tuesday, Justice Brett Kavanaugh and Chief Justice John Roberts indicated in questioning that the law could be upheld even if the court deems one part of it unconstitutional – a crucial question in the case.

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In an October poll, while only 55% of Americans said they have a favorable view of the ACA, 79% said they did not want the court to overturn its protections for people with pre-existing conditions, according to the Kaiser Family Foundation.

Without that protection, people who contract Covid-19 could be denied coverage, be charged higher premiums, or have future treatment for coronavirus turned down.

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In 2017, Congress made the penalty for the individual mandate $0, sparking the lawsuit now before the court. Several states, led by California, and an attorney for the House of Representatives are defending the ACA.

Part of the deliberations on Tuesday concerned why the whole law would be struck down, if Congress did not repeal it when it had the chance to do so.

In the first question posed to the Texas solicitor general, Kyle Hawkins, Roberts said: "It's hard for you to argue that Congress intended the entire act to fall if the mandate was struck down."

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Conservative US supreme court justices suggest Obamacare will be upheld

Brett Kavanaugh and John Roberts indicated law could be upheld even if court deems one part of it unconstitutional

www.theguardian.com

 

[DubleDuce]

Has Obamacare gotten to the point that Medicare and Medicaid have? Initially unpopular with certain people but over enough time seen as too valuable to remove?

 

[SilentPanda]

Has Obamacare gotten to the point that Medicare and Medicaid have? Initially unpopular with certain people but over enough time seen as too valuable to remove?

Click to shrink...

In an October poll, while only 55% of Americans said they have a favorable view of the ACA, 79% said they did not want the court to overturn its protections for people with pre-existing conditions, according to the Kaiser Family Foundation.

Without that protection, people who contract Covid-19 could be denied coverage, be charged higher premiums, or have future treatment for coronavirus turned down.

Click to shrink...

 

[Lord Fanny]

I think we had a thread about this already, but might be wrong.

But anyway, while it sounds like good news on paper, it doesn't necessarily when it will be. The Voting Rights Act was 'upheld,' but was largely gutted to the point it's largely useless now. So it depends on what altercations we see as to whether this is truly good news or not.

 

[rpm]

BREAKING: The bulk of the Affordable Care Act may survive.

just breaking, this seems like good news, but I wonder what provision was impacted. [mod edit: edited thread title to "may" instead of "will"]

www.resetera.com

 

[simmias]

It sounds like they're just going to sever the mandate and leave the rest intact. Of course, we won't truly know until June or so.

 

[Mivey]

[...]while only 55% of Americans said they have a favorable view of the ACA, 79% said they did not want the court to overturn its protections for people with pre-existing conditions [...]

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America is so fucked in the head.
Mind you, it's probably not unique in that respect, most of the West seems to lose its mind right now, but it's crazy to see how people can't for a second let go of party politics and just not be fucking morons.

 

[Ensorcell]

They have no choice, it´s either that or watch the news stories flood in from the aftermath, which the GOP will get the blame for.

 

[AndyD]

Everyone should remember that oral arguments have traditionally had little to no impact on a final ruling and questions asked (or not) and statements made at arguments are not always an indication of the outcome. So please temper your expectations.

 

[asmith906]

I wouldn't use arguments on how the justices will rule. If the individual mandate gets taken out doesn't that still mean the whole law can get thrown out. Wasn't the law originally upheld as a tax.

 

[Baji Boxer]

Has Obamacare gotten to the point that Medicare and Medicaid have? Initially unpopular with certain people but over enough time seen as too valuable to remove?

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I think there are plenty of people like me who don't think it's great legislation, but still see it as much much better than not having Obamacare.

 

[Airegin]

Has Obamacare gotten to the point that Medicare and Medicaid have? Initially unpopular with certain people but over enough time seen as too valuable to remove?

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The only reason is that it's now more often referred to as ACA instead of Obamacare. Do the same poll while calling it Obamacare and watch what happens.

 

[Tallshortman]

Has Obamacare gotten to the point that Medicare and Medicaid have? Initially unpopular with certain people but over enough time seen as too valuable to remove?

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Not quite but certainly getting there. The old adage being progressives/democrats have to drag Americans kicking and screaming to new entitlements but they eventually become immensely popular. Certain aspects such as protections for pre-existing conditions and letting people under 26 access their parents' insurance have already become essentially third rail. There's a reason many Republicans are so utterly terrified of what would actually happen if the law was struck down. They know they've already run out of time.

 

[Morrigan]

BREAKING: The bulk of the Affordable Care Act may survive.

just breaking, this seems like good news, but I wonder what provision was impacted. [mod edit: edited thread title to "may" instead of "will"]

www.resetera.com

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