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President Barack Obama’s healthcare reforms are more likely to survive the current attack on the US Supreme Court.
Justice Brett Kavanaugh (left) was brought to the Supreme Court by Trump in 2018.
Photo: Susan Walsh (AP / Keystone)
Two top conservative Supreme Court justices were convinced in a hearing Tuesday that “Obamacare” in its current form will stand. The votes of John Roberts and Brett Kavanaugh, along with those of the three liberal justices, would form a majority on the court. A Supreme Court ruling is not expected until next year.
Republicans tried to have the health care reform declared completely unconstitutional. They began with an earlier Supreme Court decision in 2012. At the time, the requirement to purchase health insurance or pay a fine was challenged. The Supreme Court left the clause in force, calling it a tax. The then Republican-controlled Congress reduced the penalty to zero. On this basis, they now argue in court that it is no longer a tax because there is no more income. And they emphasize that without the clause the entire law is null and void.
The liberal judges of the Supreme Court see it differently. On Tuesday, the Kavanaugh proposed to the court by US President Donald Trump also assumed this position. It was “pretty clear” that you could see the clause separately and leave the rest of the law in effect, he said at the roughly two-hour hearing. Roberts also noted that Congress had left the rest of the law intact.
Access for around 20 million people
“Obamacare” gave some 20 million Americans new access to health insurance, while taxes went up in some cases. Another key point is that people can no longer be denied insurance due to previous illnesses. Trump has been at the forefront of reform for years and openly expressed hope that the Supreme Court will overturn it. Shortly before the election, he guaranteed continued protection for Americans with previous illnesses through a presidential decree, but that would have less legal effect than law.
Tuesday’s trial also marked the first appearance of newly appointed Judge Amy Coney Barrett. In the past, he had criticized the reasoning of the Supreme Court in previous decisions on “Obamacare.”
Kamala Harris announces resistance
The vice president-elect of the United States, Kamala Harris, has announced that she will avoid new initiatives of the previous United States government on health policy. The Republicans’ legal push against Barack Obama’s health care reform is a “blatant attempt to reverse the will of the people,” Harris said Tuesday, adding: “President-elect (Joe Biden) and I cannot allow this.”
Before Biden’s speech on health policy, Harris said that he clearly won the election a week ago. “Every vote for Joe Biden was a declaration that health care in America should be a right, not a privilege.” The Affordable Care for All Act should not be repealed.
Biden: abolition would be cruel
Joe Biden has criticized Trump’s efforts to abolish “Obamacare” health care reform as cruel. This could mean that more than 20 million people could lose their access to health insurance amid a pandemic, Biden stressed on Tuesday.
