From the BBC:
“Obamacare: US Supreme Court
upholds affordable healthcare law”
The US Supreme Court has upheld
the law which aims to provide affordable health insurance for all Americans,
dismissing a legal challenge from Texas and 17 other Republican-governed
states. This is the third time since 2010 that the Affordable Care Act (ACA),
the signature policy of former president Barack Obama, has survived a
challenge. It bans insurers from denying coverage due to pre-existing
conditions. The law gave millions of low-income Americans access to medical
insurance. The justices ruled by a 7-2 majority that the challengers had no
legal standing to file their case, and as such did not address the question of
whether a key provision in the law was unconstitutional. The legal challenge
was backed by former president Donald Trump, who promised to have the act
repealed when he was elected in 2016. Republicans tried and failed to overturn
the law in Congress, when they controlled both houses, and in the courts on
numerous occasions. Earlier this month, the White House said a record 31
million Americans were now covered by healthcare under the ACA, which is
popularly known as Obamacare.
Analysis box by Anthony
Zurcher, North America reporter Conservative groups, led by the
Republican-controlled state of Texas, were essentially trying to get the
entirety of the Affordable Care Act killed on a technicality. By a comfortable
7-2 vote, the justices of the Supreme Court kicked their case to the curb. The
court didn't even bother to rule on the merits of Texas' arguments, instead
holding that the litigants lacked the standing even to bring the case. The
ruling suggests that while this court is decidedly more conservative than the
one that narrowly upheld Obamacare in a highly charged 2012 decision, there's
simply nowhere near a majority of justices interested in reversing that ruling,
even if they disagreed with it at the time. This was the third case
seeking to dismantle Barack Obama's signature healthcare reform to reach the
Supreme Court - and the law has been sustained by a growing majority each time.
While the conservative bent of many lower federal courts means future
challenges could still get a toehold in the judicial system, it's increasingly
clear that the Supreme Court - the nation's ultimate legal arbiter - has no
interest in striking down the law. Given that attempts to roll back the
legislation in Congress have failed as well, the future of Obamacare now
appears secure.
Thursday's ruling left in place
an Obamacare requirement known as the "individual mandate" - a
provision instructing people to buy health insurance or face a tax penalty. But
it's no longer much of a penalty: in 2017, a Republican-led Congress set the
fine to $0. The majority opinion was written by Stephen Breyer, the most senior
liberal justice on the court. He wrote: "The matter is not simply
technical... It would threaten to grant unelected judges a general authority to
conduct oversight of decisions of the elected branches of Government." Conservative
Justice Samuel Alito dissented from the majority, along with one of Mr Trump's
appointees, Neil Gorsuch. "No one can fail to be impressed by the lengths
to which this Court has been willing to go to defend the ACA against all
threats," Mr Alito wrote. To Republicans, the ACA represents a drastic -
and costly - move towards socialist healthcare. They argue it increases expense
but lowers the quality of care. It has also been unpopular among the
already-insured who saw coverage costs rise when sicker individuals were added
to the pool. But the law remains well-liked by many Americans - nearly 50%
viewed it favourably last year, pollsters found - and it has become
increasingly intertwined with the country's healthcare system as a whole.
^ The Republicans have failed
again. They could have easily done it when they controlled both house of
Congress and they couldn’t do it then so this time didn’t seem it was going to
work either. The part of Obamacare I don’t like is the individual Mandate. That
should be done away since people shouldn’t be penalized for not having health
insurance. ^
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