|A moment in history could be stripped away if the Supreme Court rules against the Affordable Care Act. It celebrates five years and the Republicans are even more determined to repeal the law.|
This is a big f--king deal, says Vice President Joe Biden when he was caught on the hot mic.
As the Supreme Court decides on the Affordable Care Act, the signature law of Barack Obama's presidency celebrates five years in action.
The Supreme Court could rule on the rule that deals with healthcare incentives. About 2/3 of the country haven't participated in healthcare incentives.
King v. Burwell is closed watched by observers. If the Justices side with the plaintiffs, then over 10 million people could lose their healthcare coverage. The conservative wing includes Chief Justice John Roberts, Anton Scalia, Clarence Thomas, Samuel Alito and Anthony Kennedy.
The liberal wing includes Elena Kagan, Sonia Sotomayor, Stephen Breyer, and Ruth Bader Ginsburg.
Most of these decisions came down on 5-4 decisions with Kennedy or Roberts being the swing.
The challengers argue that the text of the ACA only allows for subsidies on state-run exchanges, and that the regulation as implemented by the Internal Revenue Service (IRS), providing for subsidies on state-run exchanges as well as federal exchanges, exceeded the authority Congress granted to it. All of the "v. Burwell" cases were originally titled "v. Sebelius" until Kathleen Sebelius was replaced by Sylvia Mathews Burwell as United States Secretary of Health and Human Services. The Competitive Enterprise Institute is providing support for the challengers, including financial support for the King plaintiffs' challenge.
Timothy Jost, a health law professor at the Washington and Lee University School of Law, has written that if the challenge is successful, approximately 5 million Americans who obtained coverage through federal exchanges could lose their tax credits and, in all likelihood, their health insurance coverage. According to Jost, the individual mandate, employer mandate, and tax credits for employers to provide health-insurance coverage might also be overturned in states with federal exchanges. However, insurers would likely still be required to cover all applicants regardless of pre-existing conditions, which could destabilize the insurance market in states with federal exchanges and lead to rapid rises in premiums and the possible collapse of the insurance market in those states.
The Urban Institute estimated that a decision in favor of King would result in 8.2 million more uninsured people in 34 states.
Only 14 states have set up their own exchanges.
If the mandates and subsidies are struck down in the other 36 states, many think that the economic foundation of the ACA would be undermined, putting the entirety of the legislation at risk.
Supporters of the plaintiffs, as well as some politicians, argue that the effects of striking down the mandates and subsidies would be mitigated by government action (including the possibility of states setting up their own exchanges in response to a ruling in favor of the plaintiffs).
The highly contested law has been the Republican Party's fixation for the last six years. They've tried and failed to repeal the law. They've tried to repeal the law over 55 times.
It's funny though. For every attempt to repeal the law, Obamacare, as its called by the junk food media continues to enroll millions of Americans. They couldn't repeal in Congress, so they've taken it to court and hope the Justices could strike it down.
This obsession with repealing Obamacare is one of the themes of Stallmigo Ted Cruz (R-TX).
He is the first declared clown for the Republican nomination.
By law, you must enroll for health insurance or face a penalty on your taxes. The federal government offers reasonable health insurance through their exchanges. The Healthcare Marketplace is officially on after a year of delay. It's operational and offering the best coverage for those who can't afford the national brands.