by Axios | Updated on 12.17.18
Now that federal Judge Reed O'Connor has ruled the entire Affordable Care Act is unconstitutional — since Congress zeroed out the penalty tied to the mandate to buy health insurance — the health care law once again has to show it has an extra life in its back pocket.
The big picture: If O'Connor's ruling stands — or takes effect before an appeal — it would kick millions of people off of private insurance and millions more off of Medicaid, and would eliminate protections for people with pre-existing conditions.
But the ripple effects would go much further:
Between the lines: This time, the knives are coming out from all sides to defend the ACA.
This case also has caused internal trouble at the Department of Justice. Bob got in touch with Joel McElvain, one of the three career DOJ attorneys who withdrew from this case this summer when President Trump's DOJ said it wouldn't defend the law.
Our thought bubble: Democrats will make the case that they are the party that protects pre-existing conditions, while Republican messaging on the case — and more broadly, their health care platform — will be muddled at best.
What's next: An appeal would go to the Fifth Circuit Court of Appeals, which is considered one of the more conservative appeals courts. If the Fifth Circuit agrees with this latest ruling, it'd be up to the Supreme Court to decide if it wants to hear the case.
The bottom line: We are still a long way from the Supreme Court intervening, and the ACA is still technically the law of the land while this plays out.
Written by Axios
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Obamacare is not perfect, but until another solution comes along, we cannot take away health insurance.
Universal single payer healthcare, cradle to grave.
ACA allowed all veterans to receive care through VA services. I did not have these services as a veteran before ACA because I didn’t serve at least 10 years. As a veteran living just above the poverty line, it has been a godsend for me. It would work if people wouldn’t keep trying to kill pieces of it.
Single Payer Medicare 4 All and that it does include things like Prescriptions Coverage, Dental, Vision, Hearing (including HearingAids) etc!
We need to more closely explore the Single Payer System that our President has praised from Ireland. Competition doesn’t seem to work in Health Insurance and Health Care, because it has just driven costs and profits higher and higher. Is healing an industry that we want to be one driven by profit, or by the gratefulness of having been healed?
1 STOP CHOPPING UP the ACA 2 Work with ALL CONGRESS PEOPLE TO MAKE ACA VIABLE 3 STOP the INSURANCE COMPANIES CONTROL OF ACA. 4 Make ACA affordable by having tiers of payments by income. 5 Make sure all PRE-EXISTING CONDITIONS ARE COVERED. 6 COVER EVERYONE - No signing up. If a person has s SS card they are signed up THAT WILL SAVE MILLIONS. 7 COVER PREVENTATIVE MEDICINE 8 COVER END OF LIFE BY EXTENDING LIFE IF AT ALL POSSIBLE OR ASSISTED DEATH IF WISHED. 8 create ONE SINGLE PAY SYSTEM with a MEDICAL PROFESSIONAL AS THE HEAD. 9 MAKE ALL STATES EXPAND MEDICARE TO HELP PAY FOR THE COSTS. THESE ARE JUST A START
I know you hate literally anything which helps people, Mr. Walberg, but I plead with you to defend the ACA’s protections for Americans with pre-existing conditions, young adults’ ability to stay on their parents’ insurance, etc.
The ACA was meant to be a stepping stone for health insurance reform. You know regular checkups, mammograms, colonoscopies etc. most of all to insure people with pre existing conditions would be treated fairly. A first step to catching up with the civilized world. Look at the states like Kentucky and how well it is working. We need to get rid of gaining profit for people to be sick - you can go bankrupt if someone in your family gets really sick / this should not be happening in America in 2018!!!
I would ideally like to see single payer - but let’s at least implement the ACA in the manner it was intended. To protect the most vulnerable in our society from insurmontable health care costs. Fix the ACA - stop kicking it until it’s completely broken. Here’s an idea - talk to each other and find a compromise
So sick of the gop attacking health care and doing nothing! You have had two plus years to do something Fred upton! Your party has no better plan. All government employees should have the same health care as the rest of us! Maybe the gop would do something if you had our health care and not special health care! You all have pre existing conditions too
Single-payer healthcare for all. The same medical coverage that our congress receives for all. Congress shall be part of the same health program. No deductibles. Max co-pay $10. All medical services are in the same network. You can go to any doctor licensed to provide services in this country and in any state. No maximum amount as long as it is justified. Prescriptions all inclusive. Holistic medical and prescriptions included. Counseling, therapy and mental health all inclusive. Weight loss included.
So keep the unaffordable care act with 20 million losers on it that drive up ALL COSTS and don’t pay attention to the 28 million people who have no insurance because it’s unaffordable. Got it. Nice move Democrats.
I guarantee most of the people in that picture don’t have or would want Obamacare if they knew how it works. They just see Obama in the name & blindly think it’s a godsend. It’s such a garbage policy, laughable really.
We should move to a direct primary care system, with insurance only for unpredictable emergency expenses. Also, we should allow (re)importing pharmaceuticals which are available in Canada and elsewhere at lower prices.
People with preexisting conditions must have insurance that covers those and all health problems. That’s the reason people have insurance. Everyone in America should have access to good healthcare. Healthcare should not be a for profit industry.
It’s simple, move to a Medicare For All system by keeping the pharmaceutical and health insurance industry out of government from dictating health care policy for America.
Not everybody. Fake news.
When will you all wake up and stop stealing health care from people who truly need it. I am waiting for the day when you all are voted out of office and replaced with a socialist!
We want universal health care for all Americans. Cut back on military spending, work on establishing allies around the planet that care about the common people, the planet and improving the basic needs of all people, tax the 1% ninety percent, and come down hard on corporations instead of giving them tax breaks. Use the money from the legalization of marijuana to help fund drug rehab, health care and mental health. Think outside the box and stop only caring about with money. Walk the talk.
The Affordable Care Act is the law of the land. It was never declared perfect and was passed with the intention of improving it. This flawed decision will be appealed and will backfire badly on djt and his GOP lapdogs.