Supreme Court to Hear Obamacare Appeal

Mar 02, 2020 · 567 comments
James Jones (Syracuse, New York)
Looks like the third time will be the charm with Gorsish and kavanaugh. We are headed back to the days of Lochner v New York where public policy is determined by the politics and ideology of the Republican judges and NOT the Congress. The distinction of "Conservative" and "Liberal " does not apply. Rather, what we have is politicians masquerading as judges on the Republican side, and, real judges on the Democratic side. Republican politicians on the court base their decisions on their politics and ideology while the Democratic judges found their decisions on the Constitution and Law.
Wayne (Brooklyn, New York)
Trump might as well be honest for once and run on a platform of taking away health care for his base. Leave them destitute and maybe homeless after hospitals sue them for bills they won't be able to pay after pre-existing conditions are taken away. It's basically what he's doing by supporting this lawsuit. Sooner or later we or people we know get sick regardless of political affiliation. Also while the coronavirus was making its way in China Trump did zero to prepare us setting a team in place to deal with the inevitable arrival of the virus. The only thing he did was to curtail travel from certain countries and areas within countries. Now that we see four dead people in a nursing home in Washington who we know for sure did no traveling being they are nursing home residents we know we need health care more than ever. So whoever becomes the Democratic front runner ought to amplify that Trump's lawsuit before the court will leave many unable to pay medical expenses while they might most likely be quarantined and lose income in the process. A virus is what it might take to remove Trump from office!
George (Fla)
Why, with the fate of health care for millions, does it take the do nothing supremes almost a year to make a decision?
highway (Wisconsin)
This is the predictable consequence of the Chief Justice's mind-boggling "split the baby" opinion to base affirmation of Obamacare on Congress' power to tax. In the process he adopted the conservative fantasy that the Affordable Care Act did not involve the regulation of interstate commerce. This is his box and I don't see how he gets out of it without simply abandoning his prior opinion. I hope this becomes a major issue in the fall campaign; it would be sweet if the Repubs blow the national election with their strategy to sabotage the ACA.
Steve Snow (Cumming, Georgia)
It should be remembered that a prominent member of the republican party vowed, VOWED to tear the ACA out ,”by root and branch!” That guy is the Senate Majority leader.. with the republican party, such as it is these days, this country has been taking two steps backwards and no steps forwards.... until pretty soon it will be all the way back to the past..
Marlene (Canada)
At a rally, Trump loudly claimed America has the best health system in the world. Well, then, I guess Obamacare is wonderful and works.
Dr. Conde (Medford, MA.)
If we don't have to have health insurance, why do we have to have car insurance? Why a passport? Why ICE or borders? Why a license to drive? Why a license to own a gun? Why should health inspectors check on private restaurants for cleanliness? Why an EPA or a CDC? Oh, right, we don't really have those anymore as we can see. Why don't Republicans whether they win or lose, (and most of the country is sincerely praying for Republicans and their politicized Supreme Court to lose), step back from destroying the infrastructure that protects civic life? There's no reason for the Supreme Court to even hear this case. Republican, when the word had any meaning, John McCain voted not to destroy the ACA for a reason. It lost in the legislature repeatedly for a good reason. This is only attempt so far to provide Americans with the health care they desperately need. The only thing that will replace the ACA is nationalized health care.
Ellen S. (by the sea)
I will never understand the 'logic' of taking health care away. Especially in the midst of a pandemic in which people are literally dying worldwide. A disease which has now spread to the US and killed people here. The logical brain would say, in response to knowledge of the epidemic something like " we need and want more people to go to the doctor when having symptoms. Therefore it is GOOD we have affordable care health insurance for everyone". Conversely what type of irrational, evil, cruel, foolish, short sighted, downright moronic mind would think, 'hmm, we have a worldwide pandemic going on that is killing people. This seems like a great time to make sure people have less healthcare. Lets take away affordable care so peiple won't go to the doctor'. Y'know, an epidemic is a great equalizer. Diseases don't care if you are rich, poor, smart, dumb, famous, attractive, nice or mean. A disease like this virus just Is what it is. And so to all those who have trouble with the logic of affordable healthcare for all, just remember you want the waitress and the cook where you are eating, the people on your airplane trip, the riders on the train or subway you are taking, the people picking your vegetables in the fields, the nurse tending your illness, et al, to be well and free of a virus you too could catch and die from. Therefore, affordable healthcare is a GOOD idea. It is to everyone's advantage that everyone has healthcare.
MIMA (heartsny)
If your child has diabetes and the ACA is wiped out - what a sad life to be had trying to get healthcare insurance. Monsters in the Trump administration. And the Trump brood - taking away pre-existing condition safety nets.
Greg Jones (Cranston, Rhode Island)
I am a health care refugee living in Taiwan. I am 58 and I have been told that my heart will fail at sometime during the next 3 years. If the court overturns the ACA by utterly ignoring Congressional intent and establishing themselves as a super legislature then I will most surely die in the next few years if not , without my medicine, the next few months. the five conservative justices are not simply assassins of the rule of law, that is clear beyond words. But they have been and will be mass murders. Each must be impeached when the death toll in this country grows so high that we finally see that the authoritarian right must be met with force.
ms (Midwest)
In the beginning of struggles in the US with CoVID-19, free vaccinations are going to take on new meaning. I was checking pneumonia vaccination pricing this morning, and it is over $100 without insurance. That's one of the only meaningful protections against the more severe end of contracting CoVID - e.g. opportunistic infections. And you know the vaccine makers will be celebrating if getting a yearly CoVID-19 vaccination becomes important...
Spring Summer (Seattle, WA)
@ms Just remember, you need two shots, not just one. I paid $129 for each last year rather than wait to see if it would be covered by my insurance. I would still be waiting.
ms (Midwest)
@Spring Summer It's one shot for the only version in this state approved for under age 65 - there are probably exceptions for people more at risk. I am weighing that option - the last thing I want to do is be stuck waiting in a contaminated doctor's office.
Dan Stackhouse (NYC)
Great timing! Heads up America, as you tremble in fear from the coronavirus, knowing full well that it will be nationwide soon enough, your dear leader Trump is doing his best, with his appointed Supreme Court justices, to take away health care from millions of Americans. So much winning! Vote intelligently in November or suffer the consequences.
David Singer (Littleton, MA)
@Jim No—we should all panic and run in a straight line to the voting booth to vote Democratic. And yes....blame Trump!
Bob Parker (Easton, MD)
@Jim no one is saying to "panic and run in circles". However, what IS being said is ignoring Trump's attacks on the ACA which will remove the requirement that insurers must cover pre-existing conditions at no add'l cost, result in millions of Americans losing insurance coverage obtained thru the expansion of Medicaid and make coverage for vaccines optional is not in the best interests of Americans. The comments are meant to inform the American public, particularly those form whom healthcare is an important issue, so they can make an intelligent choice in November when they vote for President.
jerryg (Massachusetts)
Seems like this becomes an issue for the election. A Democratic President and Congress could reinstate the mandate and make this challenge moot.
Mike (Syracuse, NY)
@jerryg true, but if the entire law is struck down by the Supreme Court, which is mostly Republican, then the mandate would be considered unconstitutional or a non-issue as well since the law won't exist anymore.
MM (NY)
Just great. My wife and I are college-educated professionals, successful by most yardsticks of income, yet we had been priced out of health insurance until Obamacare came along. We make too much to receive any subsidies, yet buying it on our state's exchange is still way cheaper than buying other plans. My wife and I have each aged into our sixties, and if Trump and the Republicans take away Obamacare, it is literally going to be a fight each month between health insurance, mortgage, utilities and food until we reach Medicare age. (Thanks heavens we don't own a car.) WHY? Why take away the only decent health insurance many Americans can afford. This administration is truly made up of monstes.
MM (NY)
Which there were an edit button for typos. Last part should read: "WHY? Why take away the only decent health insurance many Americans can afford? This administration is truly made up of monsters."
Martha Shelley (Portland, OR)
@MM They will try to take away Medicare and Social Security as well.
Ken (Georgia)
@MM Sound like pretty good reasons to vote blue no matter who. We just cannot let trump have another four years. While I’m at it, let’s not commit suicide in our selection of a Democrat nominee. I’m on board with almost all of Bernie’s agenda but we’ll get none of it—none!—if he’s the nominee because we’ll not win tge presidency or the house and we’ll lose the senate. Vote smart, people. Finally, MM, I trust you and your wife have somebfriends a little older than you who are telling you how truly great Medicare is—you’ve got just a few more years. Good luck.
Mike Iker (California)
The Democrats should continue to run on healthcare and continue to highlight the opposition to Obamacare by the GOP and the Trump administration. Whether the Court rules in favor of Obamacare or not, the clear objective of the GOP and Trump is to repeal but not replace Obamacare, with all of the negative consequences for American consumers of healthcare services. Trump will spin some lies about not taking away people’s coverage for pre-existing, but his actions speak louder than words. His base voters may be zealous enough or foolish enough to believe him. The Democrats job is to make sure that the majority of the electorate see Trump for what he is - a serial liar who is unconcerned about them.
Patron Anejo (Phoenix, AZ)
@Mike Iker This is all a powerful argument for single payer, once and for all. No more mendacious court decisions!
Mike Iker (California)
@Patron Anejo - Actually, it's a great argument for providing access to healthcare for those who have none. It's not an argument at all for restructuring the healthcare market for the great majority of Americans. About the only way we can lose this argument, and the 2020 election, is to start discussing the macroeconomics of healthcare and threatening those who have healthcare insurance already. There's time to have that discussion after the election if we win. And if you think that legal challenges are an issue for the expansion of healthcare under Obamacare, buckle your seat belts when the issue is taking away what most people already have.
Rupert (Alabama)
This would be hilarious if it weren't so tragic: Rip away the health insurance of millions of Americans during a global pandemic. I mean, really, you have to laugh. What else can you do? Orwell and Swift together couldn't have made this stuff up. Can't wait to hear what the stable genius and his minions offer as a replacement plan. We've been waiting for it for about six years now, so it's bound to be brilliant.
J T (New Jersey)
@Rupert Republicans really have turned into the antagonists in a satirical morality play. The only problem is their through-the-funhouse-mirror view of their fellow Americans ignores the fact that access to affordable health care is not a parlor game outside of elite Republican circles but literally a matter of life and death for millions of American human beings. Staring down the teeth of a global pandemic and sticking our heads into its mouth as they stick their own heads under the sand.
JD Athey (Oregon)
@Rupert Stop wondering what Trump's plan is like. There isn't one.
B (Minneapolis)
SCOTUS will take up the case before the election but not announce their decision until after the election. Seems pretty clear that the conservative majority will overturn Obamacare this time. But, the red state AG's and Trump administration's argument is very strange: "The Trump administration sided with the state officials, arguing that the rest of the health care law could not survive without a penalty for flouting the requirement that most Americans have health insurance, sometimes called the individual mandate." The penalty was never enforced and Congress eliminated it 2 years ago, yet enrollment in Obamacare has been surviving just fine. It will be strange for SCOTUS to agree that Obamacare cannot survive without the penalty when it has been. But, they will find a way to do that.
danleywolfe (ohio)
Re the 2012 challenge to Obamacare, the situation was more nuanced than said in the article, viz. "in 2012, the court upheld the law’s requirement that most Americans obtain insurance or pay a penalty, saying it was authorized by Congress’s power to assess taxes. The vote was 5 to 4, with Chief Justice John G. Roberts Jr. writing the controlling opinion, which was joined in its key section by the court’s four-member liberal wing." Chief Justice Roberts disagreed on "necessary and proper." On the commerce clause Roberts disagreed with the arguments but eventually allowed on the basis of allowing "judicial restraint" so that teh Court would ot be making the decision to overturn Legislative branch. It was an extraordinary leap to allow this to stand.
wryawry (the foothills of the headlands)
I'm a staunch proponent of the simple, practical repugnant-can't health care program: 1. Get sick. 2. Send in all your money. 3. Quickly die. This is the ideal plan for average, patriotic Americans.
Martin (San Diego)
It astonishes me how many people think, "I'm young! I don't need healthcare!" given the fact that those who are irresponsible enough to believe such a thing are often also irresponsible enough to engage in risky and dangerous behaviors. And when those folks wrap their motorcycles around a tree or have a skiing accident or what-have-you, and accrue a hospital bill in the tens-of-thousands, whom do they think is going to pay? Healthcare is not just a right, it's also a responsibility.
Bob (Tucson, AZ)
The NY Times is misrepresenting the issues before the Supremene Court. The severability of the Act is not properly before the Court because that issue was not decided by the 5th Circuit. The Court has the ultimate say as to their jurisdiction, but they should not reach that issue. The standing issues and the constitutionality of the mandatory coverage requirement are ripe for review. The NY Times has attorneys so I don't understand why they would write this.
guillermo (los angeles)
@Bob i'm no constitutional scholar, but if things were like you say, why would the court agree to hear a totally irrelevant issue? whether a zero-penalty is unconstitutional or not is totally irrelevant if it doesn't affect the constitutionality of the whole act. i would think then that things are like this article says, and the court will review the severability, since it's the only thing that matters in this case.
Bob (Tucson, AZ)
@guillermo They review issues that have been reviewed by lower cases. The 5th did not resolve the severability issue. It remanded to the lower court instead for further proceedings. Those other three issues matter, because the case goes away if there is no standing and the case goes away without need for the lower court to resolve severability if the Surprem Court reverses the 5th circuit on the third issue on the constitutionality of the mandate for insurance. The severability issue then would go away.
guillermo (los angeles)
thanks for the explanation @Bob, makes sense, I hadn't thought that the severability issue goes away if the mandate decision by the 5th is reversed. however, it's hard to imagine this supreme court reversing that decision.
John (London Canada)
Hello out there. 1. No Republican healthcare plan. Americans don't care, we will give them Trumpcare (death care) instead. 2. We have the White House. Republican in there is working for you, so that you don't have to be bullied by big government health. He has the monopoly on bullying; and the pulpit too. 3. Never mind other civilized nations with some form of duty to fellow citizens, that is too much socialism for America to handle. Never mind the word "United"--as in United States, this does not imply any notion of common cause or purpose. 4. Reform of capitalism is too scary a prospect. Capitalism in its present form works well for hospitals and insurance companies. Does it work well for sick and injured Americans? Answer with your vote. Help yourselves or save yourselves is the issue. Figure a way or go figure.
whitebear (fagagna,italy)
For a rich copuntry like the US this ferocious desire, this cruel determination to deprive millions people of Health Care ,for the sake of billionaires Private Assurances is a shame, the deepest shame. Unbelievable.
Yeah (Chicago)
By reaching down and taking up a case still pending in district court...perhaps a first...the Supreme Court made sure that the campaign season didn’t have any headlines about Obamacare in peril, after this one. This blatant political move foreshadows the invalidation of the ACA and any other reform legislation that a democratic congress passes.
Sophia (chicago)
I swear to God, the Republicans are trying to kill us.
Doremus Jessup (Moving On)
It’s a toss up right now. What’s going to kill us first? The virus or the Republicans?
Davide (Pittsburgh)
@Doremus Jessup Based on the antics of this administration so far, I'd put my money on a force-multiplying synergy between the two of them.
Dagwood (San Diego)
As Don Jr and Mike Pence scream about how Democrats want millions of Americans to die...while their leader does all he can to actually bring this about.
Don (Seattle)
All part of the 1% power grab. It is sad to watch all the little peasants scream about their great GOP big brother just as his heel touches their foreheads.
NOTATE REDMOND (TEJAS)
I hope there is some empathy in the court for the millions that would lose good healthcare if they kill the ACA.
Blunt (New York City)
Bernie is coming to the rescue! With his co-tails in the house and senate for a democratic majority. Medicare for All! Impeach Gorsuch and Kavanaugh. Replace them with progressive human beings. Back to decency.
Carl Yaffe (Rockville, Maryland)
@Blunt Where's the part about the unicorns and the leprechauns?
Chris M (San Francisco, CA)
Whoever the Democratic nominee is - and every single House or Senate candidate running - needs to make this the number one issue in their campaign. Very simply, Republicans almost repealed ACA in full (McCain saved it) and now Trump's DOJ is fighting tool and nail to have the Supreme Court overturn a 10-year old validly enacted piece of federal legislation with the flick of the wrists of 5 old conservative men on the Court.
C.E. (New Mexico)
The only way the ACA or Medicare for All is ever going to work is if there is a tax to pay for it and no one has premiums, deductibles or co-pays. My mother has medicare and her supplemental insurance costs $500 a month, her prescription coverage, Part D, is $80/month with a penalty because her provider did not process her check one month and then penalized HER for it, and she still has to pay co-pays on the few meds she takes. This is outrageous and inhuman for someone who lives on social security and she is one of the lucky ones, who had a husband who worked until he died so she has better social security than a lot of seniors. Republicans are also talking about reducing survivor benefits. Crimes Against Humanity.
Alan Einstoss (Pittsburgh PA)
The court threw out the entire ACA from day one ,until one vote and a near Presidential decree from Roberts,which attempted to refer to the law as a tax and therefore allowing it to pass. Bigger problem ,the Supreme court does not have the power to tax,only congress.Knowing that the ACA from inception was really the stepping stone ,on highly irregular ground there be it ,for socialized medicine. The Democrats ,in not only this case ,insured the court and voters that the Clinton aristocracy would inherit Obama's mantle and all would be fine with Roberts indiscretion.Yet the natural flow of justice remains intact,and something constructed on invariably shaky ground is shaking itself to smithereens.
Iconoclast (Jacksonville, FL)
The MAJORITY of THE SCOTUS held that the individual mandate was a tax, not just one vote from Roberts. The Republicans changed the amount of the individual mandate to $0 as part of their tax reform they passed, acknowledging it was a tax and thereby creating the loophole through which they are now claiming it is invalid. Congress passed the ACA and they decide all legislation including taxes. None of your statements are true and they don't make sense.
Davide (Pittsburgh)
@Alan Einstoss Even if you had an argument somewhere in there, the mangled syntax, malapropisms and random punctuation would still obscure it.
Brian Brennan (philly)
Obama portrait is more and more relevant every day. He truly is fading into the brush like a Homer Simpson meme.
TyroneShoelaces (Hillsboro, Oregon)
Raise your hand if you think Trump has something ready to replace the ACA.
JM (San Francisco)
Gee, how timely. Just what we need right now...few insured people.
Becca Helen (Gulf of Mexico)
Expose those who would expect taxpayers to furnish their extremely generous healthcare insurance policies (looking at you United States Congress and senators), well denying basic health care to the same people. EXPOSE and name names starting immediately and don't let up until election day!!! this nonsense is gone on long enough what kind of a third world country are we trickling down to?
Lynn (Boston)
Hopefully trump will be gone by then and the destruction of our country will stop. He and his republicans are the most evil people and only have self interest in mind. The republicans have never come up with a better or even equivalent plan. Trumps response to the Coronavirus was appalling. It is very apparent he only care for money. Every day he proves this.
Thor (Tustin, CA)
So many hysterical comments about the Corona Virus. Folks, IT'S THE FLU what's with all the drama? Come on, are we all so well off that this is all that's left to be obsessed with?
Davide (Pittsburgh)
@Thor Gaslighting nonsense. If you want to spin it as the flu, then at least make the accurate comparison, which is to the H1N1 pandemic of 1918, which killed tens of millions worldwide, with an overall mortality rate of over 2%. Mortality of seasonal influenza is "only" about 0.1%.
Marko (US)
Now that the Court is a branch of the Federalist Society, the ACA is likely to get the death penalty.
Davide (Pittsburgh)
@Marko Sarah Palin was right to warn about "death squads." Her only error was one of misattribution.
Ann M (Wisconsin)
These people really don’t care if low income people just die because they can’t afford healthcare. It’s obscene.
northeastsoccermum (northeast)
The GOP has had 10 years to.come up with something else. The only action they've taken is attempts to dismantle, nothing created. ACA is flawed but ripping apart willeave millions without coverage. Vote Blue if you want something to be done about healthcare
Jeff (NV)
No problem. Recall he promised "No one will lose coverage. There will be insurance for everybody. Healthcare will be a “lot less expensive” for everyone — the government, consumers, providers.
Peter J. (New Zealand)
There may be an unfortunate irony if the Democrats imperil Obamacare by nominating an unelectable Medicare-For-All candidate.
T Ferguson (Ferguson)
If the Court votes to undo Obamacare, it will be proof positive that the extremist Republicans have succeeded in subverting the justice system in this country.
Davide (Pittsburgh)
@T Ferguson It's been clear this was their only option from the beginning. The only way for a determined and entitled minority to stifle majority rule is to subvert democracy and the Constitution.
Mr. Little (NY)
The cry, “why should I have to pay for the health of others” is based on a complete misunderstanding of the only way healthcare can work, which is if everyone buys in. Private healthcare will leave millions uninsured, who will then become a burden on OTHERS when they show up at ER without coverage. I will then have to pay for YOUR coverage, but way more than I would if you had bought in. Go to the ER without insurance and you send medical costs skyrocketing for everyone else. If in the name of liberty the court rules against the ACA, they sign the death warrant of millions of Americans. “Give me liberty or give me death “ never had such ironic implications.
Raymond (Dallas)
The Supreme Court is becoming a joke. 2 (disputable) sexual harassers/assaulters sit on the Court. The Court purposefully sits in silence as Constitutional matters present themselves every day between the executive branch and congress because the current majority of the Court has been appointed by GOP leaders. But the GOP leaning Court had no problem weighing in on an American election with a decision that gave another Republican Access to the presidency. Contrary to what Chief Justice Roberts stated, there are Republican Judges (Justices) who sit on the bench, and will defy the will of the people ( Yes the majority of the USA has been a left-leaning for decades now) in order to further their (draconian) ideals. So, unfortunately, it’s getting to the point where the US citizenry will just stop caring about what the partisan Supreme Court decides, and will ignore the decisions that come from the Court as US Citizens realize that the current Court is an arm of the Republican Party. Trump does not care about SCOTUS decisions. Why should states that want to provide healthcare as a right to their citizenry?
Albela Shaitan (Midwest)
Reduce the number of middlemen and unnecessary paper work to reduce the cost of health care in the U.S.
Blackmamba (Il)
If only we lived in a divided limited different power constitutional republic of united states where the people wielded the ultimate sovereign over their elected and selected hired help? Then we wouldn't have to wait for the least democratic branch aka the Article III judiciary to decide a partisan political question like the Patient Protection and Affordable Care Act aka ACA aka Obamacare. Law is not fair nor just nor moral nor objective. Law is gender, color aka race, ethnicity, national origin, faith, education, history, politics and socioeconomics plus arithmetic.
Pete (Basking Ridge, NJ)
In one week, the SCOTUS could overturn Obamacare and rule on one of the most restrictive abortion policies in the nation in Louisiana. If these both go the way of the GOP, here's hoping Bloomberg takes $1B in ad spending and blasts this through the rooftops to election day so every American can see the GOP's real agenda - securing judges for a generation.
tony zito (Poughkeepsie, NY)
Sue claiming that the mandate is unconstitutional, sue because it's gone, sue because you just plain don't want a healthcare system that doesn't yield maximum profits for cement-headed suits. I guess you wouldn't get very far with a brief that said the latter.
X (NYC)
Private market insurers are the true death panels.
Carl Yaffe (Rockville, Maryland)
@X The government, on the other hand, cares deeply for us, as the present administration so beautifully demonstrates.
VR46 (NYC)
One only needs to be reminded of a few Trump projects to understand what could possibly 'replace' the ACA Trump University Trump Casinos Trump Foundation
Nick (Brooklyn)
A good time to consider getting rid of some people's health insurance if there ever was one. Can't wait to see what Republican's do for the optics on this one.
James Whitters (Boston, MA)
The utter ignorance of the Republicans who are driving this law case all the way to the Supreme Court. If ObamaCare is overturned at least 25 million people will lose their coverage, more than 100 million people with pre-existing conditions will lose their coverage and young people up to age 26 will lose their protection under their parents’ policies. Most ridiculous is the utter fact that the Republicans do not have a real plan to replace ObamaCare. That fact underscores the truth that the Republican Party is bankrupt and has lost its soul. The answer is to vote Trump and every Republican out of office and begin the task of rebuilding our civilization as a nation.
Fred White (Charleston, SC)
If the Democrats can't win by attacking Trump for trying to take away ALL health insurance from those covered by Obamacare, as well as from the Court's parallel decision to speak on abortion and take abortion rights away from all American women, no matter who the Dem nominee is, then the party truly deserves to die. "God" has given the Dems these Supreme Court threats, the coronavirus, and a damaged economy this spring. "She" has done her part. If either Biden or Sanders can't slam in this dunk, they should be shot.
Dabney L (Brooklyn)
Republicans are only pro life up to the moment after birth. After that it’s every man, woman and child for themselves. Let’s save our country and save the ACA. Let’s work toward universal coverage like every other modern civilized nation on earth. Vote blue no matter who.
Ron Rubendra (Australia)
I feel for my American friends where your government does not work in the interests of the ordinary citizen - the same is being tried in Australia. We have had medicare since 1983 (the first version from 1974 was repealed by the conservative right). Our conservative party is trying to disassemble it by stealth piece by piece but it is more cost efficient than private health insurance. Australia is 8th in the world for life expectancy while the US is 46th - I reckon this is partly due to your health system (or lack thereof). https://www.worldometers.info/demographics/life-expectancy/
LynnM (NC)
Three decades have passed and the story is always the same, Republicans try to prevent healthcare for the public at large. The American people are sick of it. Trump doesn't even have a health care plan! Time to end this, by electing Warren or Sanders.
Exemplius Gratis (.)
It was easy for Trump to claim that he would come up with a better, less expensive plan than ACA. He never expected to win and so he wouldn't have to do anything. Life can be funny like that.
georgiadem (Atlanta)
So all the people who have had preexisting conditions will now possibly back to not being able to find coverage. There are quite a few people at those Trump rallies who look like they have preexisting conditions.
Phil Dunkle (Orlando)
The GOP couldn’t repeal or replace the ACA when they had majorities in both houses of congress, so they have again turned to the courts to do what they failed to do, only now they want the court to wait until after the election to devastate the health care of millions of voters, many of whom will vote for Trump.
Stratman (MD)
@Phil Dunkle They've taken their cue from the Democrats of the 50's and 60's who used the Warren court to accomplish through the judiciary that which they couldn't accomplish through legislation. What's sauce for the goose is sauce for the gander.
Davide (Pittsburgh)
@Stratman Your analogy falls on its face with the simple observation that the Warren Court earned the hatred of the racist and retrograde right wing by broadly recognizing the pre-existing (per the Constitution) human rights of all Americans, without favor as to race, creed or class. On the other hand, the GOP packs the court and games the system to take away rights and inflict harm on tens of millions of Americans. You might fairly describe it as exactly the opposite "sauce."
Paul Morrow (Cooperstown, ny)
If the Republicans win this case with the help of a politicized Supreme Court, it may well be a pyrrhic victory. Once people realized that they have been fleeced of their health care in order to give tax cuts to the wealthy, it may be a very long time before the Repubs regain any type of electoral majority and/or the Presidency. Please be sure to vote in 2020.
From Where I Sit (Gotham)
It’s not “their health care” if it’s paid for by someone else. The taking has been from the pockets of those to whom these dollars belong. Jeff Bezos does not owe you, me or anyone else healthcare (or college, or housing, or “dignity” to quote that famous communist Alexandria Ocasio-Cortez).
Kevin M Ross (Saint Louis)
I agree the commerce clause is very problematic in this case. I believe in the aca, if it is repealed I also believe EMTALA should be repealed as well. The hospitals shouldn’t be expected to give free healthcare
From Where I Sit (Gotham)
Agreed. EMTALA is the elephant in the room.
pi (maine)
When the ACA was being voted on, I was in Berlin. Colleagues from all over the world had one question - why don't Americans want universal health care? It mystified them. I know the GOP spin, but it still mystifies me. It also mystifies me that Pres. Trump demands Justices Ginsburg and Sotomayor recuse themselves from cases about his administration, while he meets every week to work on his hit list of government employees and programs with Justice Thomas' wife. And it mystifies me that stuff like this is still not sufficient reason for Democrats to unite and take back the White House and Senate. Seriously.
Topher S (St. Louis)
Elections matter even if your "perfect candidate" doesn't get the nomination. Don't let the perfect be the enemy of the good. That's a lesson the GOP base learned and it served them well. If you insist on voting for a candidate who can't win, especially if they aren't nominated, then you're effectively helping the opposition win. If Trump wins then the SCOTUS is in the hands of right-wing judges for decades. They are eager to force their regressive ideology on the US. Say goodbye to many of the gains we've made for equality and justice not to mention any fantasies of progress. Then there is the continued flow of ideologically driven judges onto federal courts. That will only increase. "Voting your conscience" should include weighing the consequences of your actions, not just indulging desires.
proffexpert (Los Angeles)
Just remind me again, who pays for the health insurance of the members of congress and the Supreme Court?
From Where I Sit (Gotham)
Love them or hate them, the fact is that SCOTUS have jobs and those jobs include health insurance benefits. If you don’t have a job or your job, like mine, doesn’t include benefits, then you don’t get healthcare.
R Harrington (Charleston SC)
Both NYT and WaPo cited Trump’s budget for 2021 included a 7 billion cut in Medicare, Medicaid, and Social Security. Yes, now including mediCARE and SS. Meanwhile, last Friday I read Mulvaney announced they plan to offer another round of tax cuts for corporations..... One could argue Congress will not approve such cuts but we would be foolish to trust the GOP to do the right thing for once. Vote blue no matter who.
M. (Seattle)
Please, just run on this and this alone. Voters need to know that Republicans are trying to remove protections for pre-existing conditions, health coverage for people under 25, and all the other benefits of ACA. They have proposed nothing in its place. They controlled all levers of government for 2 years and all they did was give out massive tax cuts to the wealthy. I guarantee those tax cuts could have more than paid for a wide expansion of health care coverage.
From Where I Sit (Gotham)
You can’t buy insurance after you crash your car or your house burns down. Neither my parents or grandparents lived past the age of 64. Should you or anyone else be forced, effectively at gun point (that’s what taxes are), to pay for our healthcare?
Jarrod Lipshy (Athens, GA)
I really don't appreciate the way this coverage makes it sound as if the entire Affordable Care Act is under scrutiny and could be gutted beyond repair. Even if the justices decide that the current version is unconstitutional, all congress has to do to fix it is to reinstate a penalty of at least $1.
617to416 (Ontario via Massachusetts)
Another of the Constitution's many flaws: the fact that Congress's power to enact domestic policy is limited by the Commerce Clause. If the Supreme Court decides to interpret that clause restrictively, it can take away much of Congress's power to create domestic welfare programs.
DG (Idaho)
@617to416 That would be suicide, do you really think 90M are going to sit idly by while their SS and Medicare, Medicaid is declared invalid, i think not.
Vincent Papa (Boca Raton)
Seriously what is the Democratic strategy here. The case was in I believe an appellate court. That is not the public eye? . And had a chance for a decision prior to the election. So under all circumstances in the public eye. The makeup of the Supreme Court is not going to change. And if no decision until next year what do they say. If the SC rules it unconstitutional there is nothing the Dems can do even if they win. They will not be able to pass another health care bill. They will not control the senate and house. So I can’t figure out their strategy. Which unfortunately is not unusual this year.
Hugh (LA)
Congress should fix this, not the courts. The article makes clear that the legislative branch did away with the penalty. Reinstate the penalty and the problem is solved. Relying on the courts leaves us at their mercy. And, yes, it is important to win back the Senate.
SXM (Newtown)
What exactly is the Republican's plan for fixing our healthcare delivery system? Do we really want to support a candidate whose main priority is to preserve the ACA when its at risk of being deemed unconstitutional rather than someone who wants to expand the current medicare program?
jas2200 (Carlsbad, CA)
I want to again thank the Bernie or busters, Jill Stein voters, and "progressives" who just couldn't vote for "corporalist" Hillary Clinton for helping to elect Donald Trump, and especially those who said that there was no difference between Trump and Clinton. The 2016 election turned out even worse than the Bush/Gore election when Ralph Nader said the same thing about Bush and Gore. It appears that the Bernie+busters haven't learned though. They have made clear that they will divide the party again in 2020 if Bernie doesn't get the nomination. They say the candidate who has the most delegates should get the nomination, even if they only have 35% of the delegates, and the other 65% want other candidates.; they threaten to do what they did in 2016, only more so. Bernie argued just the opposite in 2016, when he was behind Clinton, even without super delegates, and they would certainly change their tune if another candidate had the plurality of delegates at the convention again. Bernie promises everyone free healthcare way beyond what any other country provides with a public system, free public college, free student debt forgiveness, free childcare, free preschool, a guaranteed job for everyone at a minimum $15/hour + full benefits, a minimum salary of $65,000 for every teacher in the country, increased social security for everyone, paid family leave for everyone, and more. It all sounds too good to be true. Because it is.
Practical Thoughts (East Coast)
Elections have consequences. Only so much can be done with Street matches, Twitter and Op-Eds.
jas2200 (Carlsbad, CA)
@Practical Thoughts: I agree, but I'll try 'til it doesn't matter anymore.
Carl Yaffe (Rockville, Maryland)
@jas2200 There were way more-than-enough non-voters in 2016 not in the 3 groups you mention for Hillary to have won the election handily (as predicted) had they been motivated to vote for her. She was a lousy candidate who ran a lousy campaign, and that is most of the reason why she lost. However, I agree with your last paragraph completely.
brian lindberg (creston, ca)
the ACA (aka, Romneycare) has been a failure from conception, and it got tRump elected President. So now we have a contingent of the DNP that insists upon "improving Obamacare"...what part of 'stupid' can't they understand?
tony zito (Poughkeepsie, NY)
@brian lindberg That is preposterous. The ACA had little or nothing to do with Trump winning the election. Come back and tell us where you got this cockamamie notion.
James (Citizen Of The World)
@brian lindberg You should get out of your echo chamber more often. Your completely wrong.
Davide (Pittsburgh)
@brian lindberg Then by your reasoning, all the polls showing unprecedented majority acceptance of the ACA must be wrong. And the blue congressional wave in November 2018, where health care was the main issue, was fake news? Now please pull my other leg.
John (New York)
Let's face it, the GOP is going to keep suing until they get what they want. If they don't get their way in Congress or through presidential fiat, they just sue. The GOP has done everything that they can to stonewall the ACA and its successful administration. The frightening part is that Ginsburg is 86 and Breyer 81....with a Trump re-election there is a very real possibility of him seating two justices. That would be a 7-2 split on the court and a non-right-wing-extremist judge would be hard to find on the federal judiciary. This will lead to social security benefits being cut. Bye bye ACA, abortion/women's rights and healthcare, education funding...the list is just getting started.
ebmem (Memphis, TN)
@John Republicans have spent ten years attempting to overcome the Democrat attempt to increase profits to big medicine. It was a huge mistake for Democrats to autocratically impose a non-viable solution on an unwilling population that benefited a tiny minority. Republicans have passed multiple attempts to repeal the law but were stymied by Democrats. From 2010 through 2016, they were stymied by Democrats in the Senate and Obama, who would have vetoed any changed Republicans wanted. The first Republican changes to Obamacare took place in 2018 and did not take effect until 2019. So the disgusting mess is 100% the fault and responsibility of Democrats. The failure of Obamacare is not at all the responsibility of Republicans. Scotus ruled in the 1960's that there is no constitutional right to Social Security or Medicare or Medicaid. There is no need for Scotus to do anything. K-12 education funding comes 90% from state and local governments. If federal spending went from 10% to zero, there are blue states, that get an outsized share, might have to tighten their belts, but cutting administrative costs would cover the shortfall. Now the educational establishment in higher education would have to rethink their salaries and people like Elizabeth Warren would have to take pay cuts from their cushy jobs paying $385,000 per year to teach 90 hours of classes PER YEAR, if student loans were no longer subsidized by the federal taxpayer.
Maggie (Calif)
@John This should be one of the democrats main election arguments!
John (New York)
@ebmem Before I respond to what you have said about the ACA, I must comment on your statement that "there is no Constitutional right to Social Security." A Social Security benefit is something that each of us who work pay for throughout our careers. It should not be called an entitlement because it is something that we contributed to. Someone who does not work does not get social security. I am sure you would be outraged if you were told that you were not entitled to that which you contributed to your 401Ks, IRAs, savings, or security accounts. Having someone pay money out of each of their paychecks their entire career and then be told that social security will no longer exist is wrong, and welfare for our government and the rich. I am unmoved by the argument that because SC justices ruled one way in the 1960s, this should serve as our contemporary moral guidance. The Supreme Court also once ruled that slaves were property. As it relates to the ACA, we have tens of millions of people in our country who work multiple jobs during the day to make ends meet and don't have enough money to insure themselves or their family. The republican talking points about the ACA so often regurgitated never involve a working alternative to solve the problem. There are millions of people covered by ACA who want to keep it. So elements of it must be working. If we don't work together to find a solution for the cost of healthcare in this country, it will bankrupt us.
Bullmoose (Paris)
Americans are inherently greedy and incapable of understanding the social, health and financial benefits of universal healthcare coverage -namely that sick and uninsured people are a liability to the rest of society. It is cheaper to insure everyone and offer preventative care than reactionary treatment. Americans do not understand the virtues of paid family leave, paid sick days and other work/life benefits that make a society healthier, more productive, happier and more effective.
Liz Webster (Franklin Tasmania Australia)
You said it, Bullmoose! Americans still are crossing the prairies in wagon trains, using their guns for killing the Indians, in order to set up their isolated homesteads away from the coastal elites, and take care of the bad guys ‘coz there’s no sherif around.
Les (SW Florida)
@Bullmoose Americans do understand. Our politicians are deaf and blind.
Barbara (Los Angeles)
Note that the decision will be after the election - and I doubt Roberts will vote for the ACA if Trump is re- elected.
ebmem (Memphis, TN)
@Barbara Roberts cannot vote in favor of Obamacare without the individual mandate. He is barred by his own precedent. It was his fabrication, joined by the four leftists, that the government could not require citizens to buy a product from insurers but that the federal government could coerce them into providing profits to big medicine by taxing non compliance.
Mike (East. West)
Your argument about being compelled to buy a product has been refuted repeatedly. To wit: All 50 states require car insurance! No insurance, no driving! And please, no claims about paying your own way, it’s not possible. So good luck in your Idaho redoubt, you’re gonna need it.
Stratman (MD)
@ebmem Well said. Despite the myriad protestations of Obama that it was NOT a tax, Roberts decided it was.
Fromjersey (NJ)
On the dawn of a major health epidemic this resonates as particularly cruel. The lack of compassion and humanity of the Republican Party, and the Trump administration strikes right at core of who they are and what they represent. They care only of money and power, and anyone who can't afford health insurance, too bad, you don't matter to them, you might as well get sick and die.
FR (USA)
@Fromjersey Not only exceptionally cruel but extraordinarily foolhardy. Countries without a robust health infrastructure will not do well under this pandemic. Imagine the insurance bill for a week of intensive care.
Margo (Atlanta)
@Fromjersey When did you think this would be decided on? Tomorrow? This season? This year?
NorCal Girl (Northern California)
Why do Republicans hate Romneycare, a system invented by the Heritage Foundation?
Stratman (MD)
@NorCal Girl No less an ultra-liberal publication than the American Prospect magazine has THOROUGHLY debunked the notion that Obamacare was a Republican idea. Mitt Romney OPPOSED what is some refer to as Romneycare, but signed the legislation because he didn't have the votes to sustain a veto. You're simply repeating Democrat talking points. https://prospect.org/power/no-obamacare-republican-proposal/
Meredith (New York)
27.5 million Americans lack health insurance. In other democracies NOBODY lacks health insurance. Nicholas Kristof’s NYT column says--- “the US is vulnerable with longstanding deficiencies in our health care system. We are the only major rich country without universal health insurance and paid sick leave…” NYT– How to Prepare for the Virus ----- … “many people who work in minimum-wage jobs do not get sick days. Ofen they must work when ill, despite their contact with with the public.” Per Wikipedia— “Paid sick leave is a statutory requirement --in most European, many Latin American, a few African and Asian countries…” But not U.S. W. Post -- “Gig workers face the spread of the coronavirus with no safety net. Drivers for Uber, Lyft and delivery people for Instacart and DoorDash are independent contractors and do not receive sick leave or health-care benefits.” How can the US be an operating democracy when we’re still fighting about this basic right to HC-- centrist in dozens of nations-- but here labeled as left wing socialist interference by big govt in our so -called ‘Freedoms’? This affects life, death, well being, and financial security of Americans. Yet candidates for president can get away with opposing HC for all? They say let's just 'improve' ACA---whatever that means. Extend it, but still keep private profit as the 1st priority in HC. The GOP would destroy even the progress ACA has made.
RLW (Chicago)
How will this affect Trump's re-election bid and the election of Republicans to the next Congress??? They have talked about destroying Obamacare for years. The Supreme Court with 2 Trump appointees may just do that! But Roberts will be the deciding vote, as before, leaving "pre-existing" conditions in a state of limbo depending on the outcome of the November election. All those with "pre-existing" conditions" should pray for the health of Notorious RBG.
John Heenehan (Madison, NJ)
As the Covid-19 caravan goes viral across the country, I think we're going to see whether Republicans' blind hatred of Obamacare - not to mention Medicare for all - is greater than the love for their families.
Robbiesimon (Washington)
It’s always important to remember: Republican LIKE causing suffering, sickness, and death. It makes them feel powerful.
Sharon (Texas)
And the fear-mongering NYT opinion writers wonder why Sen. Sanders leads in the polls. Rich donors and newspaper owners back Biden, because they know he won't make them pay their fair share of taxes to support Medicare for All. It's why Biden takes corporate money, and why Senators Warren and Sanders don't and won't.
Mike (East. West)
Warren and Sanders are millionaires, what’s your point!
Michael Hansen (Pittsburgh, PA)
@Mike So was FDR--------- of course many republicans still look upon FDR as the devil.
John Shepard (Virginia)
On the bright side. The assault on Obamacare, coronavirus and a failing economy will give us a president and congress who can give us back what we have lost through the incompetence of Trump and his band of merry grifters.
Romain (Orange County, CA)
I wonder if this will only further affirm penalty clause in the ACA? This lawsuit is still within the logic that Chief Justice Roberts used to side with the majority: the penalty is a tax. One could argue that a tax of $0 is still a tax. In this case Congress chose to make the tax $0, but another Congress can increase it again. The Republicans are also treating the penalty as a tax (it was part of their tax-cutting plan), so I can see Roberts staying where he was on the issue.
A (Midwest)
The healthcare debate has *never* been about "individual freedom" and "choice" but it has always been about about making sure that the (wealthy, white, male) conservatives never have to pay one red cent to help someone else who they consider less deserving.
Practical Thoughts (East Coast)
Smart change is necessary. Just change for change sake can be harmful. How much will Medicare for all cost? Is it sustainable? No estimated from the Sanders website. How will reimbursement rates keep pace with doctor, nursing and administrative costs salaries? I doubt we want our medical professionals treated like public school teachers. Otherwise we end up with more bankers and fewer doctors. So many hospitals have closed because Medicaid/Medicare reimbursements didn’t cover operating costs. How can Sanders ensure pharma companies will continue to invest in and develop new medicines and vaccines if their profit margin is going to be cut? You can’t MAKE anyone do anything against their will. Investment dollars will flow away if profits disappear. How does Sanders plan address tort reform? Malpractice insurance? The cost of medical and nursing school? I’ve got more questions of tactical execution of Medicare for All. Simply saying “everyone else” can do it why can’t we is not good enough. Simply railing against billionaires is not enough. Time for facts and plans. We are talking 1/5 of the economy here.
Les (SW Florida)
@Practical Thoughts We are talking 1/5 of the economy here. 17.7 percent of GDP. Health consumption expenditures per capita, U.S. dollars, PPP adjusted, 2017 United States $10,224 Switzerland $8,009 Germany $5,728 Sweden $5,511 Austria $5,440 Netherlands $5,386 Comparable Country Average $5,280 France $4,902 Canada $4,826 Belgium $4,774 Japan $4,717 Australia $4,543 United Kingdom $4,246 Notes: U.S. value obtained from National Health Expenditure data. Health consumption does not include investments in structures, equipment, or research. And we have millions of uninsured people. It appears that the USA is being gouged by the industry. What's being done about it? The silence is deafening.
Jim Wallace (Seattle)
Trump has exposed "American Exceptionalism" as a large number of his supporters who are exceptionally happy to deny basic health care to their fellow citizens. Justice Roberts will not allow this since it would remove the last shred of credibility and impartiality of his court.
bobdc6 (FL)
The Supreme Court will certainly destroy Obamacare, but only after the elections, as requested by the Trump Administration.
Michael Hansen (Pittsburgh, PA)
We are on the eve of destruction. Trump and his ilk are out to restore the gilded age of unfettered capitalism and to destroy the middle class. The ACA is not perfect, however, it is a stepping stone to a health care system that makes some sense for all Americans, not just those who can afford it. The 1% strives to create chaos in order to take advantage of that chaos to seize more power- read Naomi Klein.
BambooBlue (Illinois)
Sure, go ahead, SCOTUS, and destroy the one thing that counters the ability of many Americans to get health care. Go ahead and allow a flood of bankruptcies due to medical bills. But you better hope for a Senate Dem majority and Sanders as President that will usher in the era of Medicare for All to prevent people dying on the street outside the homes they used to own.
Jerry Sturdivant (Las Vegas)
Trump tired to have the court delay this till after the election. It's good that trump's intention will be exposed now. I can think of no better way to get Democratic votes than have millions of us drop by our insurance companies. Especially with my cancer pills costing $1,500 a day.
micky (nc)
the arguments will be on October but the ruling will not come out until June of next year.
Thor (Tustin, CA)
Funny how this debacle is called Mr. Obama's signature achievement. Seems like he didn't really know much about it. He was the one who told us we could keep our doctors if we liked them. I'm pretty sure if this thing is an achievement at all, the credit should go to Mrs. Pelosi.
Carla (Brooklyn)
@Thor The Republicans prevented him from creating a better bill. In any case it was voted on by congress and they passed it.
Davide (Pittsburgh)
@Thor The GOP in Congress fought Obama tooth and nail to cripple the ACA in its cradle. Since its passage, the GOP has stopped at nothing to sabotage it: legislatively, administratively and in the courts. Let's give "credit" where it is due.
cd (nyc)
And replace it with .... ? At the risk of oversimplifying the issue, I recall Obama and his staff doing research, interviewing people, examining different plans. They considered a version of Medicare and eventually came up with Obamacare. It’s not perfect, and any form of medical insurance will require years of trial and error. But after 6 years under Obama and almost 4 more under Trump, the republicans have barely a few pages of ‘talking points’. Perhaps all they need to do is mention ‘Obama’ for an automatic negative response. Trump declared that in his 2nd term he will come up with a ‘beautiful’ system. I guess he’s banking on a lot of trust. I remember a few elections back during a debate a presidential hopeful bellowed at another: “Where’s the beef?” So far, other than fealty to the insurance industry they have shown us zilch … nada … ugatz … When?
Michael (California)
As always the Democrats will lose because they don't pound out their message like the conservatives do. The conservatives have been beating the drum of their message continuously for decades, while the Democrats say it once hoping someone will hear it. Sad!
T Mo (Florida)
The initial decision in Texas was judicial nonsense - by eliminating the amount of tax imposed as a penalty, Congress left the ACA with no teeth, but its constitutionality was unimpaired. The Texas Court held that if the ACA had no teeth, it was unconstitutional, even though that was not what Chief Justice Roberts hung his hat on in 2012. The penalty did not render the law unconstitutional, was his ruling, because Congress had the power to tax. But, a pathetic, conservative extremist Judge in Texas agreed with laughable arguments advanced by the State of Texas and other jurisdictions. He is famously a poor jurist. Then it wen to the Appeals Court in Louisiana. Another group of underwhelming conservative legal thinkers, and they rubber stamped the work of the Texas District Court. This will be a test of jurisprudence vs. political bias: If the Sup Ct. sides with Texas, it will betray the new conservative members of the Court as political bootlickers, not Supreme Court Justices.
JTW (Bainbridge Island, WA)
The timing of this announcement serves to show the moral poverty of Doubting Thomas, Kavanaugh, Alito, Gorsuch, and probably Roberts. They all have the best possible health insurance paid for by the taxpayers. They can poke and prod the Constitution to justify condemning thousands of their countrymen and countrywomen to misery and death.
Gwen (Cameron Mills, NY)
But wait! Shouldn't this prudent citizenry make this decision AFTER the president fulfills his promise to replace ObamaCare better, "the best healthcare" that won't cost us a cent? Millions of people without healthcare since this poor-excuse for a president took office. And we have to wait and die before the arc of justice swings in favor of the average citizen. What is wrong with picture?
Lotuseater (Augusta,Maine)
The Medicare that supports huge number of people of lesser means as was envisioned by FDR and Ms Perkins,then his labor secretory , clearly need to have more enrollees and progressive lower age of enrollment . The Medicare for one is like idea from 1960s CUBA and OLD USSR-Now virtually obsolete. A meaningful improvement in the ACA with lesser mantas for people and more stringent requirements for the insurers-in whatever form,whether the improvised Medicare of ACA, will propel towards the goal of health care for all. There are many citizens who can afford their own health care insurance cost and no need to force them for Medicare for all slogans. Same health care for all is needed- with higher income people paying more premiums and defined low income level people will almost not have to pay any premium. Then the first leg of income inequality will head to resolution. Both Mr. Sanders and Warren have laudable ideas but NOT practical in our society and we need not follow other countries. After all,the Medicare and many many labor law as have their origin in the progressive idealization of the socially conscious and well thought of the past several presidents. They will mess up what has been gained and I am afraid the hard won achieve to And I am sure the current administration and their enablers are hard bent on destroying them.
Terry Nugent (Chicago)
The commenters seems to miss the point that it is 20 Democrats (State AGs) who requested this SCOTUS review, which the Administration actually opposed.
Observer (Canada)
@Terry Nugent because it ensures health care will dominate this election and before a more conservative court is created which is the kiss of death for the ACA. What is your point?
Jennifer (Old Mexico)
@Terry Nugent And Terry, why do you think that is? Do you think it's because they don't really want to destroy the ACA, or is it that they realized halfway through their plan to destroy the ACA, that if they're successful, millions would have lost their healthcare right before an election. By the SCOTUS (Roberts) agreeing to hear it in the next term, the timing won't be quit as horrible, but horrible nonetheless.
Paul-A (St. Lawrence, NY)
@Terry Nugent Because Republican states challenged the law. Dems asked for expedited review. Don't twist the facts.
SAJP (Wa)
McConnell was livid when the Black President was able to enact the ACA, and has been quivering with hate and resentment ever since--especially after he'd claimed that "Obama will be a one-term president'. But this isn't the end of the story. Once the republicans have finally defeated the ACA, they will start on dismantling Social Security, to finally fulfill their dream of transferring the bulk of our national treasure upward, finally destroying the middle class.
Jaime (WA)
I can understand the concerns about about a shift in healthcare especially one that is being associated with the socialist label. Change is scary for most of us but that doesn't mean that it is not necessary. Ask yourself what you like about your current insurance or lack thereof. Do you love the: Deductibles? Co-payments? Physician choices? Specialist referral requirements? Prescription drug coverage? Vision coverage? Dental coverage? Follow up care? Aside from everyone having access to preventative and ongoing healthcare, including dental and vision, can you imagine being able to take that job you really love because you aren't shackled by healthcare needs to one that you don't really like but gives you that coverage? Change is scary but remember that other countries have done this with great success and we can learn from them. We are one of the greatest nations in the world, maybe we should start moving towards the best healthcare system in the world which as of now we are lacking. Change is hard and it's scary but it is time for a healthcare system that works for us all and not just the drug manufacturers and insurance companies and those beholden to them.
James (Citizen Of The World)
@Jaime One other thing that is overlooked time and time again, is the cost to you, out of your paycheck. Take me for example, I'm single, and have no dependants, I'm paying out of my biweekly pay, $150.00, that's $300.00 a month, that's $3,600 a year. That's a decent wage increase. Then I would only have to pay for dental and vision, through my employer which is $50.00 a month, for both. Not to mention, I also have to keep a total of $8,000 just sitting in the bank to cover the deductable, and out of pocket expenses. That have to be met BEFORE the insurance starts paying. The other option is, insurance wouldn't cover the first $8,000 so as a consumer, I need to either have that sitting in the bank or be faced with a huge medical bill. The HSA card, is essentially tying up however much you have on the card for medical purposes ONLY. Since most people work paycheck to paycheck, the odds of having deductables, out of pocket expenses, etc, etc, is pretty slim. Hospitals will destroy a patient's credit and financial future to try and get their money. And make no mistake hospitals would do fine with current reimbursement rates. Most healthcare systems charge 300-400% above government reimbursement rates to stay profitable.
steffie (Princeton)
This is precisely the reason why medicare in this country needs a radical overall. Because unless the Democrats manage to win the Senate, any sort of tinkering at the edges with the current healthcare system will run into the buzz saw that is Mitch McConnell and Company. It is simply doomed to fail. In fact, it might already be too late for even Bernie or a Democratic majority in the Senate to make any changes to the healthcare system whatsoever, be they minor or drastic. The reason: DJT & his trusted sidekick McConnell have already stuffed the courts with conservative judges who for the next four to five decades will vigorously fight against any change to healthcare system.
Koret (United Kingdom)
Private insurance based healthcare is so messy and problematic, giving the power to insurance companies, to discriminate against the elderly and the unwell with pre-existing conditions. A tax payer funded healthcare system is not socialist it is just plain common sense. This leaves me incredulous, when I see Trump supporters at his rally's, as many of them do not look as if they are wealthy, so why vote against their own interests?
MrDeepState (DC)
The GOP is on the edge of of getting their great new health care plan - NOTHING! And taking away health care from millions who do have it.
Keith Wilson (D/FW, Texas)
Good. No one has to buy overpriced insurance or pay the federal government thousands of dollars in a “tax” if they don’t want to. That defines freedom, something that democrats have a decided disdain for.
TR (NH)
Since the mandate was removed no one has to buy it now, unless you live in a state that mandates it. If you do live in such a state and that is your complaint, elect new state officials.
James (Citizen Of The World)
@Keith Wilson You have no idea what your talking about. You're already paying into your future medical care. If you live you'll grow old, if you live long enough you'll BE old. And if you're a member of the middle class, if you live long enough you'll be disabled, and you'll need the government. Mark my words, you'll be old, and you'll need the government. By the way, funny how republicans seem to hate the idea of single payer healthcare, yet don't seem opposed to 38 billion in soybean bailout money, or FEMA, money, cheap tax payer funded flood insurance, or 100 billion dollars in corporate subsidies. While totally ignoring the 1.5 trillion dollars that's been added to the national debt, because corporations and the rich and republicans don't want to pay taxes....
Krishnan (Minneapolis)
The only reason the Trump administration is backing this lawsuit is some version of "owning the libs". Rejoicing in someone else's misery is the whole point.
James (Citizen Of The World)
@Krishnan Except many of his own constituency would be uninsured.
Louise (NY)
Get ready Trump supporters. The wall is much more important to your Pres than your health. Smile!
T (Colorado)
Health care is an area of great advantage for Democrats. Obamacare is popular, especially as Trump tries to reverse it. The GOP has nothing to offer except cutting more people from insurance rolls and ever-more exorbitant drug prices. It would be incredibly foolish to nominate anyone who pushes mandatory Medicare for all.
Robert Roth (NYC)
Another chance for the Reactionary Five supine court justices to do their thing.
dog lover (boston)
This is out of control. People will die - does anyone care?
Joe Paper (Pottstown, Pa.)
I always wonder if Obama Care is so good: Why are liberals always talking about Medicare for All? Why not just dissolve the ACA and start over? All we hear about is rising premiums and drug costs. How can the ACA be a success? The Liberal press has spent years defending a failure. Why?
James (Citizen Of The World)
@Joe Paper To bring you up to speed, the ACA is expanded Medicaid. Medicare is a different program. By the way, Medicare and Medicaid are the best run healthcare programs in the country. Sorry, pesky things facts are. A report by DHHS said this 'The rate of growth in per enrollee MA program spending has also slowed in recent years. This slower growth in MA payments has been accompanied by continued increases in plan enrollment (up by more than 40% since passage of the ACA) and a nearly 10% decline in premiums paid by MA enrollees since passage.
Make the Senate Smart Again (Dream on...)
How on earth does the GOP even look at this as anything close to a win? Pushing this through would make healthcare unavailable to tens of millions of people. Many others with pre-existing conditions would be driven into bankruptcy...or death...this 7/9/19 NYT article is frightening: https://www.nytimes.com/2019/03/26/health/obamacare-trump-health.html?action=click&module=RelatedLinks&pgtype=Article Does the GOP even realize that there are many Republicans on the ACA as well (my sister for one)? Ramming this through will guarantee a Democratic win in November. And I do want the Dems to win the 2020 elections, but not at the expense of millions of sick people dying or becoming homeless due to lack of affordable healthcare.
brian lindberg (creston, ca)
the ACA (aka, Romneycare) has been a disaster from conception, and it got tRump elected president...now, the DNP has a faction running on 'improving Obamacare'....what part of 'stupid' don't they understand?
Kaari (Madison WI)
@brian lindberg So why are people still signing up for it?
myy nyc (ny)
Why do Republicans want the American people to have nothing? Simple question. Simple Answer...because most of them are outright racists who cannot stand any action by the intelligent thoughtful President Obama.
Nathaniel (Astoria)
The grossly partisan court will overturn the ACA next spring whether its Constitutional or not. We better hope we have a Medicare for All candidate in the White House when it happens because the only national government run health plan that we know FOR SURE is constitutional is Medicare. And let this whole bloody ACA saga be a cautionary tale to technocrats trying to pay lip service to the people while keeping the insurance and pharmaceutical industries in charge of public policy.
jutland (western NY state)
When people without health insurance but with coronavirus refuse to see a doctor for testing because they cannot afford it, we will discover how much we all suffer because of our pathetic medical insurance system '
John (Honolulu)
Republicans used to reject "legislating from the bench". Obama got Obamacare passed, Republicans never presented the great alternative they promised, so their only option is "legislating from the bench".
historyRepeated (Massachusetts)
The GOP continues to cleave off bits and pieces of what they don’t like through lawsuits geared towards the SCOTUS. The current bench of justices oblige. Rinse and repeat until the resulting law is unconstitutional and can be ditched. Destroying is easy, building is difficult. Other than donor wallets, what has the GOP built?
historyRepeated (Massachusetts)
Life is a pre-existing condition.
Claire (Baltimore)
This is sickening news. I wish the Republicans would just evaporate. Why in the world are they so heartless. And, we can be sure that the person who occupies the White House does not even have a heart.
paul (White Plains, NY)
A question for all the Obamacare adherents commenting here: Whatever happened to the promises that the ACA would allow you to retain your doctor, while also saving the typical family more than $2500 a year? Answer that question truthfully, and you will understand why Obamacare was predicated on lies, and why it should be repealed.
Andy Makar (Hoodsport WA)
No insurance plan guarantees that. Insurers add and drop providers all the time. Furthermore, if the GOP had followed the plan instead of frustrating it, it may have operated better.
SomethingElse (MA)
Because the GOP so compromised the original intention of the ACA, some failure built in. And it will only get MORE expensive without ACA, and/or people buy plans that cover so little they are bankrupted by any illness requiring hospital care. Better ACA than nothing.
mike (nj)
The ACA doesn't change anything related to your doctor. If you have insurance through your company they pick the plans available. If you buy through the exchange the doctors available vary based on the insurance company. it's exactly the same as before Obamacare
Rocheciba (NY)
This book sadly exhibits the mindset of rural America: "Dying of Whiteness: How the Politics of Racial Resentment Is Killing America's Heartland" by Jonathan M. Metzl March 2019 Review: "Traveling through the American heartland, a physician deconstructs how right-wing policies have fatal consequences, even for the voters they purport to help. Metzl paints a blistering portrait of a subculture so in thrall to racist ideology that they willingly invite raising gun suicides, poor healthcare, and falling life expectancies."
Glen (Pleasantville)
@Rocheciba "They willingly invite raising gun suicides, poor healthcare, and falling life expectancies." Meh. I'm cool with it.
Steve Ell (Burlington, Vermont)
If the affordable care act provisions were not severable, but trump republicans essentially severed the individual mandate, then how can the rest of the law be unconstitutional? Either it is severable or it isn’t. Ultimately, this is a cruel act by republicans more interested in power and money than in the well being of Americans. Disgraceful!
vm (upstate ny)
Perfect time to completely destroy affordable health care: the onset of a pandemic. I hope the case is heard quickly. Healthcare should be an election issue.
Disgusted American (AZ)
I have really good employer funded BCBS health insurance coverage and yet I still get random bills, some from "coding errors" and others that are duplicates of what they have paid. A lot of them are for Drs that get pre-approval with two weeks waiting time. Why not charge twice since BCBS won't face any repercussions? I certainly have to resolve whatever comes up. They don't, they just bill and send to collections! Often there are "questionnaires" with seeming demands for specific injury details that I would really only care to discuss with a medical professional and not someone looking for a reason to reject payment. I also get letters requesting information for my secondary insurance (I do not have) or an opposing party's insurance info so they can split the bill (there is no other party or workers comp claim). I am truly scared of going to a Dr. not knowing the financial repercussions until weeks after my visit. The anxiety it causes me is my second greatest health issue. My hands are shaking as I type this
Glen (Pleasantville)
For those not paying attention - the House of Representatives does not matter much any more. The Courts can now nullify any law they don’t like, so the House no longer legislates. The President can, at will, repurpose money appropriated for other things, so the House no longer controls the purse strings. The executive branch no longer has to comply with subpoenas or provide data, so the House has no oversight role. Even a Republican-controlled Senate is increasingly irrelevant. It no longer approves presidential appointees, who are all just “acting” whatevers. Trump (or his handlers, really) effectively rules without restraint and will be re-elected. Too many people like what he stands for, and Russia, disenfranchisement, the insane over-weighting of rural areas, and the electoral college will make certain that the numbers come out “right.” In Trump’s second term, social security will be gutted. Medicaid will effectively disappear, in all but name. All of Obamacare’s protections will be gone for good. If you feel optimistic about our national parks or income-based student loan repayment options - well, now’s the time to visit Yosemite and rethink your finances. There are oodles of right-wing autocracies in the history of Europe and the Americas. The people always suffer terribly. Always. It’s going to get worse and worse. And worse.
Joe Miksis (San Francisco)
The US currently ranks 37th in healthcare among countries of the world. The US lags all of the countries (Australia, Canada, Finland, France, Germany, Hungary, Iceland, Ireland, Israel, the Netherlands, New Zealand, Norway, Portugal, the Slovak Republic, Slovenia, Sweden, Switzerland, and the UK) who have universal healthcare systems. The cost per patient for healthcare is far cheaper in the countries with universal care than here in the USA. Why do we not have universal healthcare? Because the incredibly profitable US pharmaceuticals, insurance and health care companies contribute massive bribes to our congressional representatives, to keep them from working for "we the people". The right wing SCOTUS judges, who side with the oligarchs, will also keep us from paying less for the better healthcare systems that all other first world countries have.
Bill (New Zealand)
@Joe Miksis Just a note. Here in NZ we have a public/private hybrid system.
Kevin Rothstein (East of the GWB)
Maybe I should sue my state for requiring me to purchase auto insurance.
Keith Wilson (D/FW, Texas)
@Kevin Rothstein Bad analogy. You are require to carry LIABILITY insurance if you drive on a public, tax payer-subsidized road since cars are potentially lethal weapons. If you just drive on your own property, you don’t need insurance. Protecting OTHERS from hazards is nothing like the insular care of yourself.
James (Citizen Of The World)
@Keith Wilson It floors me when people make lame statements like maybe I should sue my state for requiring auto insurance. There was a time when it wasn't mandatory, you better have pile of money in the bank, or be able to shelter money. Because if you're the cause of an accident, and no insurance, your fully on hook for everything. Lost wages, medical bills, property damage, etc, etc.
Carla (Brooklyn)
@Keith Wilson Except when you have Coronovirus and can’t afford the test so you go around infecting people.
Michael Gilbert (Charleston, SC)
So, failing to rescind the ACA multiple times throughout the past ten years, Republicans now hang their hopes for taking away health care from millions on the SCOTUS. Their utter contempt for ANY health care not provided by private for profit organizations should be painfully OBVIOUS to any American. Legislating from the bench is not the way to fix ACA which, if tweaking is needed, should be done in Congress, but no Republican in Congress wants to admit, least of all to their constituents, how wrong they are.
micky (nc)
then it should be unconstitutional for people without insurance to get health care since I have to pay for it through my insurance rates and property taxes. I am not the one acting irresponsibly so why should I be penalized
James (Citizen Of The World)
@Craig And your point......in order for any insurance to work, everyone has to participate. That's how your gain buying power. It's like a union, the lone worker is nothing, but band together, and now you've got power.
Andy Makar (Hoodsport WA)
Another milestone on the road to “Medicare for All”. Unfortunately it will come when the medical system collapses courtesy of the GOP.
Stephen (Fishkill, NY)
All this talk and fear about our government running health care is specious. Our Armed Forces are run by the government. Anybody want to suggest it should be different? I dare you!
P. Ames (NY)
@Stephen Ever been treated while in the armed forces? VA? Didn't think so. Few of those spouting medicaid for all have I would wager.
Fred (GA)
@P. Ames Yes. I am retired from the military in 1977 and I have been treated by the military, VA, and civilian doctors and I can say the military and VA is as good as my care from civilian doctors. I wish everyone had as good of health care that I have had since I was 18. So what is your point?
Fred (GA)
@bud I have had bad civilian doctors and bad care at civilian hospitals. Overall I have received excellent care from all. But like everything you have good and bad. Where I live now I have gone to both the VA and civilian and get excellent care at both. At my age that is important. There are three big advantages the VA has over Medicare/TriCare for Life is my prescriptions are free, free hearing aids, and free dental. Those are important. So You are retired from the military?
Lee Theisen (Pasadena)
If the Supreme Court once more leans to the far right and does away with Obama’s care it is time to expand the court under the New Democrat President. It is also high time to expose Thomas wife for her belong corrupt the court. And, to set in place severe limitations for all judges on political activity even to meals with these influencers. It may be time for term limits as well. This is a court for the rich and the political right. It ignores the American public
Donna Kraydo (North Carolina)
I have a pre-existing condition: I am over 60. Due to my age and the fact that I am self-employed, I am only able to purchase health insurance through the ACA exchange. I am grateful and fortunate that I can afford my $650/mo premium that features an $8,500 annual deductible. Although millions of Americans are satisfied with their employer-provided healthcare benefits, approximately 50% of employees over 50 get laid off before they plan to retire. Between the ages of 50 and 65 (when Medicare kicks in), the majority of Americans will develop a pre-existing condition requiring medication and/or ongoing medical care. Until congress must contend with the healthcare market and uncertainty that the rest of us live with then I have little hope that options will improve for the rest of us. Members of Congress enjoy heavily subsidized health care in which they become vested for a lifetime after just 5 years.
From Where I Sit (Gotham)
So much breathlessness and no legal analysis. The law was found to be legal only as a tax, paid in the form of an individual mandate. With that factor removed, the law no longer has a basis to exist. While the motivation to file may well be political, the arguments against continued existence of the ACA have legal validity.
chris erickson (austin)
Medicare-for-all (M4A) would not be nearly as vulnerable to Supreme Court shenanigans as is the ACA. M4A has no individual mandate for purchasing anything (which is its biggest flaw, legally and morally), whether considered a tax or not. As a federal-only program it wouldn't be subject to state-level obstruction (state AGs being the anti-ACA legal generals). It's effectively bulletproof, especially after it gets established. Being universal, trying to undo it would be devastating to too many people, i.e. everyone. Even SCOTUS justices themselves would have skin in the game.
PC (Aurora, CO)
Pandemics like this coronavirus will test healthcare in America. Right now, people and politicians are unable to come to terms with it because they can’t grasp the extent of the problem. As the need for healthcare increases, people’s wallets will become noticeably lighter. Bankruptcies will rise and people, finally, will look at their current state of healthcare with dismay. Eventually Medicare for All will rule the day. This is because the stresses on private healthcare will become so enormous that the costs for any one individual will be impossible. Large problems require shared liability. I am a huge advocate for Medicare for All. The coronavirus is a Godsend. Unfortunately people are sloth-like and sloth-minded, especially Republicans. Adequate healthcare coverage will probably not come in my lifetime but it will come. Our current, private-sponsored healthcare is no match for global pandemics. The rate of medical bankruptcy will become so large that the system will collapse upon itself, taking thousands with it. Do yourself a favor. Skip the medical bankruptcy step. Vote Medicare for All and vote Elizabeth Warren. Now.
molly gaff (medford nj)
Another classic of Supremes playing politics - case should be rushed to the highest court so they can strike it down before the people vote in Nov - just like the Texas case - a Republican judge delayed his decision till after elections so Republicans would not lose more seats - so if Roberts cannot understand statistical analysis for gerrymandering - does not want to get into political issues with regard to separation of congress and president - but does take up a case that is based on statistics and politics but only after the people have voted - judges have no party - really???
Patron Anejo (Phoenix, AZ)
@molly gaff Roberts is just another Republican judge, exercising his dominion over his flock.
Midwest Josh (Four Days From Saginaw)
I'll support Medicare for All only if smoking and sugary drinks are outlawed. Complications from obesity and smoking are an enormous (and avoidable) drain on our limited medical resources. Look it up.
Susi (connecticut)
@Midwest Josh You'll always be paying for those that make health choices that are detrimental. If these people are not covered, they won't seek preventative and maintenace care, their problems will spiral, and we will all pay for them when they end up in the ER. Better a comprehensive program that covers all. (And why pick on smoking and obesity only? What about alcohol consumption? Bad driving records? Risky hobbies, like sky diving or sports that might lead to a torn acl or chronic shoulder pain? There is no way to cover only people that live in your perfect bubble).
Midwest Josh (Four Days From Saginaw)
@Susi - I’m far from perfect and I don’t live in a perfect bubble. I do, however, choose to not smoke and drink Mountain Dew 2 liters. Choose is the key word. And unsafe drivers typically have higher auto insurance rates, as they should.
From Where I Sit (Gotham)
Repeal EMTALA. Problem solved.
Marian (Kansas)
I just don't get it. The debate rages on about who pays and for what -- with no fair solution in sight. In the meantime, although they behave like plagues of locusts, the pharmaceutical and insurance industries are allowed to insatiably and gleefully eat their way through the average American's budgeted finances.
Kathryn (Virginia)
If the court votes to gut the ACA, the only possible good that can come of it would be that enough people finally realize that the Republican party, the party of Trump, has no interest in doing what is right for the American people, and they, and Trump, will be voted out of office in a landslide.
Patron Anejo (Phoenix, AZ)
@Kathryn If Trump is still president when the verdict comes down in mid 2021, what makes you think we'll ever have fair elections to sort that out? Vote blue....NOW, because your life depends on it.
Kathryn (Virginia)
@Patron Anejo You raise a good point, as I neglected to consider how long it would take for the court to deliver its decision. But, the fact that there is a serious threat by such a decision provides plenty for the Democrats to talk about leading up to the 2020 election. They were successful in stressing healthcare (among other key issues) in the 2018 midterms and the threat of its being taken away, and they can do it again.
Patron Anejo (Phoenix, AZ)
@Kathryn Agree. Healthcare is THE winning issue for Dems at all levels.
Jim S. (Cleveland)
After all the talk of how the voters, not Congress, ought to have decided the fate of Donald Trump, why is it not good enough (for the administration) to give the voters a timely chance to decide the fate of the Affordable Care Act?
Keith Wilson (D/FW, Texas)
@Jim S. They did. It was called the election of 2016.
CITIZEN (USA)
It has been a while since the ACA or Obamacare was first implemented. Since then, the ACA has been under continued attack, to say it does no good to the people. Between the time the ACA first came into being, and today, the ACA has benefited millions of people. Has the ACA not made any progress? While we see insistence to remove or make the ACA unlawful, there was no alternative options, we have seen. So much of politics at play, at the expense of people's health. An absolute reckless attitude and approach. People have a growing concern today, regarding the spread of the coronavirus. Coincidentally, now comes the news of the ACA's fate and its unclear future. This anxiety only makes people to become more depressed.
Wende (South Dakota)
What a wonderful idea. Get rid of healthcare for 40 millions during a time of health emergency, tank the hospitals with unpaid debt, tank the market. Try to get re-elected.
Ken L (Atlanta)
Question: If a Democrat wins the White House in November, can the administration request a re-hearing of the case in which it would back the law instead of backing those who would destroy it?
David Folts (Girard , Ohio)
When campaigning in Florida in 2016, Trump did even not know what kind of health insurance his employees had, what does that tell you about his healthcare knowledge base?
Lisa (Las Vegas)
@David Folts infamous quote "who knew it would be so complicated?" Uh, everyone but you, Donald.
GVR (Central American)
The ACA is an unstable three legged stool that Republicans will never cease sawing away at regardless of SCOTUS rulings. It will always be vulnerable to outright decapitation or a thousand insidious cuts. Well meaning people who reject single-payer in favor of improving the ACA ignore this very apparent peril.
Alberto Abrizzi (San Francisco)
On one hand we want the government to take more control of our healthcare system. On the other hand, we see everyday how bad the government is at managing the healthcare system. In today’s political state, it’s sad that positive evolution is no easier to accomplish than socialist revolution. Aspects of our healthcare system are world class, yet we risk destroying what we have.
Fred (GA)
@Alberto Abrizzi Please explain what you mean when you say how bad the government is managing the healthcare system. And please tell us what aspects of our healthcare system are world class.
Alberto Abrizzi (San Francisco)
Um, negative, the VA. Figuring out how to insure everyone, lagging on opioid and mental illness. Positive, breakthrough drugs, research, CDC, living relatives who would have died if 50 years ago, world class medicine. This is a bipartisan POV. But don’t tell me they got it figured out in Cuba. That’s self-hate propaganda and Bill Maher shouldn’t go goo goo over Michael Moore.
Fred (GA)
@Alberto Abrizzi I am retired from the military since 1977 and have had excellent care from the VA and the military bases that I have had care from. I also have Medicare/TriCare for Life and have had excellent care from civilian but I have also had some bad experience with civilian hospitals and doctors but overall my care has been excellant. As for the problems you are providing as examples are more to do with the insurance industry then our government mismanagement. As for the VA there are some bad locations but since I have used the VA at different locations over the years I have not had any issues. I wish everyone one had as good as healthcare that I have had since I was 18.
Brad Burns (Roanoke, TX)
This is America’s Brexit. We hurt ourselves for the purpose of what?
Kathy Lollock (Santa Rosa, CA)
It is bad enough that we have to endure the administration's endless and relentless pursuit to destroy the ACA. Now it is once again at the hands of an ever-leaning conservative Supreme Court whose majority members lack both empathy and compassion for the very people whom they are tasked to help, us. This is one more reason that this country simply can not afford another term of a greedy egomaniac as its "president." With this present group in the executive branch, the Senate of the legislative arm, and the Roberts' Court, this nation's trajectory is heading toward a Banana Republic.
mjbarr (Burdett, NY)
I wonder if when Social Security or Medicare was passed if there were as many attempts to destroy those programs like there is to destroy the ACA? I can't help think that this is just one more way of the not so subtle right wing trying to wipe out anything Obama was attached to.
Joan (nj)
Not enough attention is being paid to why Justice Anthony Kennedy unexpectedly and suddenly resigned, paving the way for Brett Kavanaugh. This assault on the ACA, is the result of Kennedy leaving. Something is not right here. It appears that the fix was in, possibly having something to do with Justice Kennedy’s son being at Deutsche Bank as head of the real estate department that lent Trump over $1 billion, when other banks would not touch Trump. Another example of Trump blackmail. Absolutely sickening.
Glen (Pleasantville)
@Joan Could be. But I don't think Kennedy ever had to be bribed to do what would benefit the Republican party. He looks reasonable and moderate now compared to the ghouls now populating the courts, but it's only by comparison.
Mikes 547 (Tolland, CT)
Let’s face it. The primary, if only, reason there is so much opposition from Republicans, especially Trump, to the ACA is that they want to eradicate any vestige of Obama’s presidency. Their hatred of him knows no bounds.
RS (Seattle)
I hope they wipe it out so health care centrism can be wiped out too.
Jason Shapiro (Santa Fe , NM)
Go ahead Republican SCOTUS. Go ahead and eliminate healthcare for tens of millions of Americans, especially those with preexisting conditions, thereby cementing our status as just another vicious, run-of-the-mill kleptocracy for the 1%.
Rogue Warrior (Grants Pass, Oregon)
The GOP seems bound and determined to drive a stake through their own heart. Go for it!
Shane Lynch (New Zealand)
The Republican's really are hypocritical to the extreme. When they have spent three and a half years running roughshod over the Constitution, ignoring it and blatantly breaking it now they cry "unconstitutional" when it suits them. Which is only ever it is another chance to undo something Obama did. They still can't get over the fact that a an educated, smart, articulate, wealthy and successful black man - something the Republicans, and especially Trump, and their base seem to despise - was POTUS. It's really sad, and pathetic, that their prejudices get in the way of seeing anything good Obama did for the American people and leave it in place.
Shane Lynch (New Zealand)
@Craig Really? Obama is still getting blamed for policies that were implemented under his watch when most of the time the Senate and Congress were Republican controlled. As I understand your laws, Congress and the Senate present a law to POTUS who then signs off on it. Now you have a POTUS who is supportive of white supremacists "there are good people on both sides" - how can there be good white supremacists? And who was it that abandoned an ally - the Kurd's - so Turkey's Ergodan could have a go at them? Who was it that pulled troops back from Syria so Russia could move in? Who is it sidling up to North Korea and Saudi Arabia? Who is it that has largely removed America away from the traditional allies? So many questions, and only one answer. Trump. This is from someone outside looking in who can see what's going on. If outsiders can see it, and American's can't then some of you are either blinded by loyalty or choose not to see.
JohnDoe (Madras)
Look at the big picture; the Republican party opposes affordable health insurance with fanatical devotion. Republicans go judge-shopping to place ACA cases with conservative judges who are expected to rule against the ACA, and they rule as expected. Republicans packed the Supreme Court with right wing judges who are expected to strike down the ACA, including the requirement that insurers cover pre-existing conditions, after the election, because depriving 20 million Americans of affordable health insurance won’t play well. Ask yourself why the Republican Party is opposed to Americans having affordable health insurance.
LL (CA)
I have an annual physical scheduled for this month and I am afraid to go for fear that I might have developed some kind of condition that will disqualify me for health care coverage in the future. Although I have been healthy all my life, what if I find out my blood pressure is too high or I have some kind of cholesterol issue? I am self-employed and purchase my own health care through the ACA. Will my doctor's record now prevent me from getting care later? The endless challenges to the ACA need to stop.
Joseph May (Palm Springs)
Why do the Republicans believe that in the wealthiest country in the world is okay to have tens of millions of Americans without health care? We have education for all; fire and police protection for all; roads and highways for all; parks, bridges, airports etc for all. Why do Republicans think it is okay to provides all of these services for everyone in society but health care should only be provided for those wealthy enough to afford it or those lucky enough to have it as terms of their employment?
From Where I Sit (Gotham)
That “wealthiest country” trope is an intentional miss characterization of the truth. If you are not closely and directly involved in creating that wealth, you have no claim on any of it. To suggest otherwise is a leap into the very words of the Communist Manifesto. The fact is that labor and capital are not equal. Alice Walton has a right to share in the wealth created by her father’s idea. The guy collecting shopping carts in a Walmart parking lot does not.
Fred (GA)
@From Where I Sit Yet if they did not have people collecting the carts or working for low wages she would have nothing.
From Where I Sit (Gotham)
@Fred That's exactly what Marx implied and as capitalism is the vehement rejection of all that is every other economic system, it is unacceptable in a free market.
McGloin (Brooklyn)
When the Supreme Court finishes dismantling Obama Care, will Medicare for All still be "extreme?" The main problem with Obama Care is that Obama didn't want to admit he was raising taxes to pay for healthcare (which is Constitutional because taxing and spending are in Article I), so he used penalties instead. If the Democrats would just protect the Constitution by implementing it, instead of constantly trying to appease Republicans, they would win more elections and create better policies. Democrats keep running from the Constitution, then wonder why Trump is able to ignore it. Medicare for All is taxing and spending which is in the Constitution. Stop acting like following the Constitution is something to be ashamed of.
Carl Yaffe (Rockville, Maryland)
@McGloin Whether "Medicare for All" is constitutional is a question for legal scholars to answer. Whether it's a good idea is an entirely different question. Saying that it's not is not "running from" the Constitution, nor being ashamed of it. It's using political and social judgment, which obviously you disagree with. I don't. Forcing everyone into a government-run insurance program is a terrible, extreme idea, and always will be.
SilentEcho (SoCentralPA)
BlueCrossBlueShield will no longer cover a necessary medication for my husband's cranky heart. It will cost us $500 out of pocket every month on top of premiums, co-pays, and an 8k deductible. I've asked Republican and Trump supporting relatives to chip in to help us pay for this so we don't go bankrupt. Their silence is deafening.
Michael (USA)
Republicans willfully forget that the ACA's framework was the product of the Heritage Foundation, a conservative think tank. In particular, it is Heritage that created the check-and-balance compromise that required insurance companies to take all applicants without regard to pre-existing conditions. In trade, all people were required to buy health insurance (rather than freeloading by intentionally waiting until they're sick to buy insurance). Heritage also created the idea of government subsidies to make sure all people could afford to buy private insurance. Then, when Democrats passed the Heritage plan as the ACA, Republicans labeled its "Obamacare" and immediately went about trying to destroy it for purely political purposes. Now they've declined to enforce the requirement that everyone buy insurance, so they can sue to say the pre-existing conditions component is also invalid. Funny thing is, when Trump and the GOP lose in 2020, their shenanigans will have made "Medicare for all" a more viable fix. If the Heritage plan to use private insurance can't be kept together, then the only way to restore the much-liked requirement to insure people with pre-existing conditions is to eliminate private health insurance altogether and have the government insure everyone. Then premiums become a tax that everyone pays, and full health insurance coverage is a universal resource everyone gets.
michael h (new mexico)
Even announcing a willingness to hear a case that has the potential to invalidate the ACA, as we face the relative certainty of a pandemic, just strikes me as completely insane. What is going on?
Cornflower Rhys (Washington, DC)
It will be a Republican dream come true and it will be rooted in the Constitution so that we will never be able to have a universal health care system unless we change the Constitution, which will never happen. The final nail in the coffin of health care, brought to you by the Republican Party.
J. G. Smith (Ft Collins, CO)
I don't know much about Obamacare....I am luckily on Medicare. But I hear that Obamacare is very...VERY...expensive for a lot of subscribers. So clearly this needs to be changed. Our entire healthcare structure needs to be changed, not to single-payer, but to something manageable and with more controls. I keep hearing how many people will lose their jobs in the insurance industry if we have gov't controls over that industry. I'm sorry but that is no reason to keep a bad system in play! My daughter lives in Canada and is now a citizen. No...she doesn't wait for weeks to see a doctor! And she receives very good care, as did her father-in-law when he was diagnosed with dementia.
Some guy (NOLA)
@J. G. Smith You are on Medicare, correct? FYI, that is a single-payer system but for a segment of the population only. You don't want ACA because it is expensive, you don't want single-payer even if you count yourself lucky to be on one. You just want something better, right? And what would that be? This has been discussed for the past 15 years, Republicans all complain how bad ACA is but nobody, absolutely NOBODY, could present a plan better than ACA or Medicare for All. I'm all eyes and ears, show me a better plan!!!
J.Sutton (San Francisco)
What a time for the SCOTUS to consider removing millions of citizens from access to healthcare! It's total insanity in this so very exceptional country. We certainly don't have our priorities straight with this admin requesting billions more for the vanity Wall when funds should be directed to protecting our citizens.
Carole Roseman (East Chatham)
PERFECT. LET THE REPUBS BE RESPONSIBLE FOR RIPPING HEALTHCARE AWAY FROM: The number of uninsured Americans younger than 65 decreased by 18.6 million from 2010, when the health law was passed, to 2018. that should do wonders for Trump.
historyRepeated (Massachusetts)
It’s 2020, not 2018.
Fred (GA)
@historyRepeated Since there is no numbers for 2019 yet and 2020 is not even half over she is correct.
Eve (NYC)
The Corona virus pandemic is going to fully expose the brutality of the US healthcare system People who are ill and have only junk insurance, will not seek treatment, instead they will try home remedies and likely infect others. The uninsured, will surely not seek treatment and will likely die, if their symptoms are severe, and also infect others. The United States could easily surpass China with Coronavirus spread, and the world will see for itself how the richest nation on earth treats its citizens who lack access to even rudimentary healthcare. God help us.
Jacquie (Iowa)
@Eve On the bright side, perhaps after seeing the devastation that lies ahead with many uninsured Americans dying from COVID-19, the Supreme Court will not wipe out the entire law.
James (Citizen Of The World)
@Eve We are the richest country in the world based on what. Based on what a politician says, because clearly, if we have to borrow money from other countries to fund our government, that's not wealth. When the government takes food healthcare, education, from the poor, children, and working class people, that's not wealth, that's a shifting of wealth to those who don't need it. When tax breaks are directed to the rich, when 60 of this country's richest corporations don't a pay a penny in taxes, in fact they get hundreds of millions of dollars in tax returns. Not to mention the 100 billion in corporate subsidies. We aren't the richest country in the world, that's an illusion perpatrated by politicians...
James (Citizen Of The World)
@Thomas Payne While, the Bible does have lessons on how to treat our fellow human, it's just a book. It shouldn't take a book written a court thousand years ago, to tell us how to treat fellow human beings. Religion has been used as an excuse to murder, oppress, it's been used to justify torture, it was used to suppress knowledge if it didn't align with biblical text. It may have been used by pope during WWII, to deny the Holocaust. We'll soon know, since the Vatican archives will be opened to historians.
calleefornia (SF Bay Area)
Obamacare is working beautifully for everyone in my extended family, of many different ages and two different states. It should not be eliminated but merely improved/enhanced or modified where it does not work as beautifully as it has for all of us. It has eliminated the local chaos in emergency rooms, etc. It has made patients more responsible as partners in their health care. It should be an entirely apolitical matter, and shame on anyone or any industry that succeeds in dismantling it.
Magawa7 (Florida)
@calleefornia Glad to hear AHCA is working well for your family. Just so I understand whom it's working well for, can you let us know whether your extended family is taking advantage of the subsidies? I see how the AHCA works for those that qualify for subsidies but not for those that pay full freight.
@ (Who cares)
The Dems giveth and GOP taketh away. I work in Healthcare. We need Medicare for All. Period. The reason why our healthcare system is so broken is because we've allowed private insurance companies dictate the rules. The Coronavirus outbreak shows that we need national healthcare. Many people (including myself) depend on it. The republican base needs to wake up. The establishment has been using you to secure their own corporate interests while giving you a pithy cut of the profits to keep you in line. Why continue voting for a party that tries to take healthcare away from people who need it, wants to keep healthcare prohibitively expensive, and laughs all the way to the bank with YOUR STOLEN MONEY
Erik (Westchester)
"Those protections, which bar insurers from denying coverage to people with past or chronic illnesses or charging them more, are popular with Americans of all political persuasions." And in a related development, Americans would like to buy property insurance and the same rate as everybody else after their house burns down. Nothing in the article about $2,000/month premiums and $4,000 deductibles, with out-of-pocket family costs exceeding $30,000. To be expected.
JP (CT)
@Erik If tax-based healthcare is so bad, why does it work in every other modern country, even the capitalist ones?
Lisa (Las Vegas)
@Erik the argument comparing property insurance to health insurance is gaining popularity among the Trumper set. Understandable since it is ignorant and bears no resemblance to anything approaching reality.
JP (CT)
@bud So that's it? Bus says it doesn't, so it doesn't? You really need to do some research. Here's a good start. https://www.commonwealthfund.org/publications/2019/apr/considering-single-payer-proposals-lessons-from-abroad
kirk (kentucky)
Even for a court sprouted and nourished by the Citizens United decision , this is a particularly bad time to further undermine healthcare availability...or so it would seem.
SM2 (San Francisco, CA)
If the Supreme Court strikes it down, the states with consciences will maintain it. The states with no consciences will happily get rid of it. And so, the bifurcation in our society, with its huge income gaps, will continue apace. (I also think this is a case of 'be careful what you wish for' for the Republican Party. The people screaming about ACA are a much older demographic. Younger people see no reason that the US can't join the ranks of modern nations when it comes to health insurace.)
Mark (West Texas)
It was just wrong to require Americans to buy private health insurance, so if the ACA fails, I blame Obama. John Roberts called the individual mandate a tax. I understand his reasoning, but the tax was discriminatory. The government has no right telling someone if they don't buy this product, they have to pay the tax. That's not right. The end doesn't justify the means.
Monsp (AAA)
Ok, then auto insurance is also unconstitutional. And lifetime government student loans are also unconstitutional.
Carole Roseman (East Chatham)
@Mark And how does that square up with the uninsured showing up at your local hospital emergency room.... getting treated, and ultimately forcing that hospital to close because it has no other funding to provide healthcare for the Un insured. Got a better solution.....?
Mark (West Texas)
@Carole Roseman How does Obamacare square up with so many undocumented immigrants being in the country without insurance and not paying the penalty?
Julio Wong (El Dorado, OH)
By all means, let’s take a good policy - one that was originally conceived in the Nixon administration, nonetheless - and try to abolish it. Again. And, while we’re at it, let’s entrust that ruling to two jurists, Gorsuch and Kavanaugh, who were not only appointed by a guy who won a national election with foreign assistance, but who were themselves confirmed with the barest simple majorities in history - Gorsuch with 54-45 and Kavanaugh with a whopping 50-48. What could go wrong, right?
Concerned Citizen (Anywheresville)
@Julio Wong : so now even a MAJORITY is not enough? Obama won in 2008 and 2012 with very modest majorities -- 4% and then 2%. But that was OK, right? If you want a higher majority to confirm a Justice…THEN CHANGE THE LAW! But remember, someday it will be a liberal Democrat nominated to the Court and what if he can't clear a 60 vote bar to get confirmed? Oops.
David (Binghamton, NY)
Even if majority rule somehow prevails in 2020 and we manage to get a Democrat in the White House, the ACA, like numerous other laws, will still be at the mercy of the ideologically radical right-wing majority on the SCOTUS, not to mention the numerous lower federal courts that Trump has packed with right wing ideologues. This is why it’s imperative that, if the Democrats regain the White House and the Senate, the next president, whoever he or she is, needs to expand the number of justices on the SCOTUS in order to prevent the damage that the court, in its current configuration, is likely to do to our nation.
dba (nyc)
Maybe if the court strikes down ACA, voters will finally wake up and vote Trump and Republicans out of office.
Ober (North Carolina)
@dba Trump: “I can fly closer to the sun any time I want to and nobody can stop me!” Noise of arms flapping.
James (Citizen Of The World)
@Ober Remember the last guy that flew to close to the sun.
Pat Shediack (Bellbrook Ohio)
I don't think Chief Justice Roberts wants the first line of his obituary to read: "Chief Justice John Roberts led the court when it ruled the Affordable Care Act was unconstitutional which ended medical plan coverage for millions of Americans with preexisting conditions." Chief Justice Roberts is too concerned about his legacy and the court's legitimacy in the eyes of the American people to overturn the ACA.
Robert M. Koretsky (Portland, OR)
@Pat Shediack you mean as “concerned” as he was when he presided over the Senate impeachment like a wooden Indian, and gave a free pass to the Trump apologists and enablers?
just Robert (North Carolina)
The political and ethical fall out when and if the GOP Supreme Court destroys the ACA will be completely on that party. It is they have been attempting to destroy it for a decade and it is they who have promised something better. And unless they cooperate in that better outcome, a choice for Medicare for all or an improved ACA the misery and deaths it causes will be an albatross around their necks that will perhaps awaken their base from their deep slumber.
Patricia Maurice (Notre Dame IN)
I can think of no better way to ensure Democratic wins in the House, Senate, and Presidency this fall than for the Supreme court to overturn Obamacare... which ensures they won't do that until after the election.
M. (Seattle)
I actually hope this gets overturned. People need to know elections matter. And that Republicans view expanding health coverage as a threat, I’m guessing as it conflicts with their view that anything “big government” is bad. I just hope this happens before the election. Trump voters should know their previous conditions are no longer covered because of Trump.
Welcome Canada (Canada)
Decision in 2021. If the Liar wins in 2020, rest assured that the Republican Court will gut the ACA. Democrats might not even hold either Houses and the opposition will not be strong enough to bring common sense to the Court. Vote in 2020.
Nathan Hansard (Buchanan VA)
"The court did not say when it would hear the case, but, under its ordinary practices, arguments would be held in the fall and a decision would land in the spring or summer of 2021..." Meaning the Republican "Justices" can gut the ACA and throw us back to square one....after the election.
Carole Roseman (East Chatham)
@Nathan Hansard And the answer then is...... Medicare for ALL.
Steve (Seattle)
What can these Republicans possibly be thinking, maybe that is the problem they stopped thinking a long time ago at least about the people. Vote blue no matter who.
Henry Crawford (Silver Spring, Md)
As a practical matter Trump supporters will be vastly worse off if Texas succeeds in gutting the ACA. But in their world of FOX and Limbaugh they will get a surge of happiness believing that Obama has been defeated again.
Wallace Berman (Chapel Hill, NC)
Destroying the ACA will or should lead to a huge push for Medicare for all programs and candidates. Maybe this will be the unintended consequence of the Rights’ craziness
MichiganMichael (Michigan)
I have no doubt that Trump's boys on the Supreme Court will have his and his monied-class friends' backs and do away with this nasty thing left over from the administration he is working so hard to make invisible. He wants to free up his CEO buddies from those pesky laws and their onerous regulations so that they can ignite their job growing fires for all of us. Well, that and return to a time when they, the insurance company CEOs, determined who would get affordable insurance and at what cost. The days of anything looking like fair insurace are, once again, behind us.
Thomas Renner (New York City)
The supreme Court is as political as it gets. If the ACA is unlawful so is SS and Medicare as you can't opt out of them.
Concerned Citizen (Anywheresville)
@Thomas Renner : you can opt out of receiving SS and Medicare -- you just can't opt out of paying payroll taxes for them.
Thomas Renner (New York City)
@Concerned Citizen not really, you get part A no matter what. However I was referring to paying in to it. If the ACA is disband then should the others.
Brian (Denver)
Ripping away health care from millions will surely help future global pandemics.
Kelly (San Francisco)
The Supreme Court is a joke bought and sold just like the other two branches. For proof of that I suspect "Citizens United" says it all.
rlkinny (New York)
I believe that setting the tax penalty at $0 for someone who does not have health insurance does not invalidate Obamacare. I believe a model for this is software licensing agreements. (Note: I'm not a lawyer. I'm an old techie). In particular, early software licensing agreements stipulated requirements associated with the use of the software. (e.g. if you made a modification to it, you needed to provide the source code back to the licensing agent who had the right to incorporate it back into the licensed product). Many of these agreements also set the early licensing fee at $0. As I recall, software products with these kinds of licensing agreements were the UNIX operating system and the X Window System. The intent was to provide a standard base for writing portable software applications -- something that was of great benefit to the software business. The fact that the software license fee was initially $0 did not absolve the licensees from adhering to the other stipulations in the contract. I believe the same applies to the ObamaCare tax. Because the GOP set the tax to $0 does not invalidate the other aspects of the law. Modifying that fee/tax, at any point in time, should not invalidate the entire law.
Marian (Kansas)
@rlkinny Apparently, the software developers agreed to the $0 rather than try to make huge profits. The insurance industry prefers to "insure" the health of Americans IF they are allowed to make record profits.
rlkinny (New York)
@Marian Which is why we need ObamaCare.
FR (USA)
Before Obamacare, insurers had unfettered, tyrannical power to deny insurance to those with pre-existing conditions such as asthma, arthritis, back pain, etc. Even if not denied, people with such minor conditions could be priced out of the market by high ($1,000+) monthly premiums with high deductibles. Obamacare isn't perfect, but the founders who wrote a constitution to protect from tyranny certainly would not have supported the system of insurance that existed before Obamacare.
Margo (Atlanta)
@FR We didn't need the whole ACA to remove pre-existing conditions rules. We didn't need the whole ACA to extend parental coverage until age 26. There are valuable parts to the ACA.
Mathias (USA)
@FR They also use such pre-existing conditions to deny unrelated issues as related. After all health conditions often cascade so having any pre-existing is a tool to deny. If we were republicans we would call this death panels. Isn’t that what they did?
Marian (Kansas)
@Margo Really? Those 2 rules as well as closing the "donut hole" are the most treasured rules I've ever heard of.
Jackson (Southern California)
Attorney General Ken Paxton of Texas should be ashamed of himself. On the upside, if his lawsuit fails, he will have done much to denigrate Trump’s legacy. Prepare yourself, Mister Attorney General, for the possibility that you might well find yourself on the “Orange One’s” enemies list after having damaged his famously fragile ego. And wouldn’t that be just deserts.
BeeQue (SWFL)
I thought Obamacare was repealed and replaced way back. Oh well, just in time for cofefe-19.
Greg (NYC)
Please, stop calling it Obamacare. It is the ACA.
Robin (PA)
@Greg Obama himself does not object to "Obamacare" and at least everyone knows what it is. Same not true of ACA, unfortunately.
George S. (NY & LA)
Only a society given over to total madness would gut a major part of its healthcare system in the face of a pandemic. Welcome to America. Land of lunacy!
Patron Anejo (Phoenix, AZ)
@George S. The land where Fox is large and in charge (people say).
DO5 (Minneapolis)
Republicans made a promise to get rid of Obamacare ten years ago. Their reason for the promise was to win elections by appearing to be the party of small government, balanced budgets and low taxes. After failing over 50 times, they “forgot” about it until Trump encouraged them to erase every accomplishment of Obama. As the party of Trump they have no choice but to do as he says. As the party of Trump, they are the party of getting rid of things not creating ways to improve lives. If they aren’t destroying something, what is their raison d’être?
Patrick (NYC)
I thought the courts, re McGahn, said they were going to stay out of political disputes.
GMooG (LA)
@Patrick Determining whether a piece of legislation violates the Constitution is not a "political dispute." It is exactly what SCOTUS is supposed to do.
Patrick (NYC)
@GMooG In any contract, it is expressly understood that a technical glitch with one clause does not invalidate the remainder of the contract. You better believe this is purely political. Anyway the folks most impacted will be Trump’s base. So we can predict that he will demand a hold on any decision until after the election, because the SCOTUS works out of the West Wing in his view.
Yaj (NYC)
A further argument for strong nation wide single payer, like Canada.
J. Waddell (Columbus, OH)
Generally, I think laws passed by legislatures should stand as written unless there is a clearly unconstitutional aspect to the law. That would argue for keeping the ACA. On the other hand, it would also argue against the Roe decision.
ebmem (Memphis, TN)
@J. Waddell Actually, Obamacare was deemed constitutional only under the notion that the federal government is entitled to tax residents, not that it is constitutional for the federal government to order citizens to purchase products from insurance companies. The Obama administration argued that the individual mandate was essential in order for the law to function. Absent the individual mandate, which now costs $zero, the federal government lacks the authority to order Americans to buy insurance to profit private entities. When Obamacare became law, it was under the pretense that it was a budget law and only required a Senate majority. So it passed with only 59 Democrat Senate votes after the citizens of Massachusetts attempted to prevent the nationalization of the failed Romneycare by replacing Ted Kennedy's seat with a Republican. It was therefore fair game when the Republican majority Congress invalidated the law by reducing the individual mandate to $zero. Applying the Constitution requires invalidating Obamacare. Unless and until it is repealed, the $150 billion per year being gifted annually to big medicine is not available to spend on better solutions. McCain's traitorous reneging of his campaign promise means that it is taking an additional four years to end Obamacare. Democrats are not going to be able to advance their Medicaid for All because the unions and the rest of the citizens with employer provided insurance, 50% of the population, do not agree.
Mathias (USA)
@J. Waddell Congress needs to actually legislate and do amendments as needed to make it so. We are letting the courts legislate and this is the price.
A (On This Crazy Planet)
Every single person who has Obamacare and has a pre existing condition, should make a video and post it on YouTube, explaining the impact of ACA on their lives. Perhaps then, people who are opposed to Obamacare, could come to understand how meaningful it is for our nation.
ebmem (Memphis, TN)
@A Every single person who had health insurance before Obamacare and had a pre-existing condition should make a video of his health care costs before and after Obamacare. An investigative reporter should post a listing of executive salaries for charity hospitals in 2010, when the law was passed and for 2019. The 84% increase in executive compensation would be informative with respect to where the $1.5 trillion added to the federal debt went, and it was not to increased care or increased wages for nurses, technicians, hospital janitorial and food service employees. An investigative reporter should post a list of the urban clinics and rural hospitals that have closed since 2010. Obamacare stripped supplemental payments made to providers serving a high proportion of Medicaid patients to compensate for low Medicaid reimbursement rates. An investigative reporter should post a listing of state contributions to Medicaid as well as federal contributions by state since 2010, with the extra step up in 2014. That way state residents would comprehend how it is that big medicine got richer and the funds available for schools and road was consumed by big medicine. And yet, people living in rural areas, whether they are paying their own way or not now have to travel an extra hour for emergency care. Every household that saw a $2500 per year reduction in health care costs that Obama promised should post a video on YouTube. All 500 of them.
GMooG (LA)
@A If it's unconstitutional, how many youtube videos would it take to make it constitutional?
Les (SW Florida)
@ebmem Let's name all the politicians that attempted to fix what's wrong with the ACA. Zero is the number.
jackpot crackpot (enforced solitude)
They just can't leave it alone. If, under the best case scenario, the Dem's take the House and the Senate, they will spend two years just clearing the rubble. People, (OK, I will settle for citizens) first, then the business of business.
The Buddy (Astoria, NY)
So the question now is can a law be dismantled and purposely sabotaged for political reasons, and thus declared unconstitutional? Once again, we can only hope the image conscious Justice Roberts will do the right thing for Obamacare.
Tom (Vancouver, WA)
@The Buddy Would this be the same Roberts who recently presided over a sham trial with no witnesses or documents?
ebmem (Memphis, TN)
@The Buddy The law was never designed to do anything other than increase profits to big medicine and to trick voters into thinking they were the beneficiaries. It was always partisan design to enhance Democrat political advantage and pay off big medicine donors. Obamacare passed into law without a single Republican vote and without even 60 Votes in the Senate. There has never been a more political law, imposed by autocrats or more deserving of repeal. So what's your theory, it's OK for Democrats to act for political advantage but inappropriate for Republicans to take money away from big medicine cronies?
Michael (Apple Valley MN)
"Immediate review is unwarrented:" says an administration which has asked SCOTUS to fast-track more cases than any other administration in history. It all depends, I suppose, on whose ox is being gored.
Dg (Aspen co)
Every DEM should be talking healthcare all the time. While the GOP has many weaknesses healthcare is their kryptonite. We should thank the Supreme Court for bringing it back front and center. The dems can’t say pre existing conditions enough. Vote blue no matter who.
ebmem (Memphis, TN)
@Dg There is absolutely nothing preventing the states from establishing laws to protect those who have preexisting conditions from being priced out of health insurance. Before Obamacare, more than half of the population lived in states where: if they had continuous coverage they were entitled to community rating, could not be cancelled or re-rated if they incurred high costs. If they waited until they got sick they were eligible for high risk pools subsidized by ratepayers, but there were waiting lists. Wouldn't it have been cheaper and more effective for the federal government to attempt to induce the other states to move forward rather than creating Obamacare and adding $1.5 trillion to the national debt, all of which reflected extra profits to big medicine?
Valerie Wells (New Mexico)
By all means, let the Trump appointed SCOTUS roll back the ACA. During an election year, that's sure to get plenty of extra voters to the tune of 23-25 million thrown off the insurance rolls and into Bernie Sanders camp. This Presidency is the equivalent of "How to Lose a Guy in 10 Dates;" if the Dems don't win this year, then I throw in the towel.
BPS (Evanston IL)
This is such a losing issue for Republicans. They are way out of touch with mainstream America. The Democrats should hammer this ten times as hard as they did in 2018. It’s a really simple message.
William (Cape Breton)
There is a magic wand that will create a national American healthcare system for the only country in the Western world that doesn't have one. It's called "The people".
Louise (NYC)
@William Let's hope the country isn't Russia. Trump loves Putin. Can you imagine? Tax payers of the US paying for Russian Healthcare? Both Trump and Putin would be so happy.
Eric (Salem Mass)
It seems to me that right now is the optimal time to keep reminding Americans that someone wants to eliminate the ACA. The thought of sudden, uncovered or ill-covered illness is at the forefront of everyone's mind.
c harris (Candler, NC)
The GOP wants this case to take the country back to pre 2009 health care. A consumer nightmare where the health insurance practically controlled how health care would be paid for. Unsurprisingly they abused their position denying care for so called preexisting conditions and leaving many Americans to be bankrupted to pay for medical care. The US has terrible health outcomes compared to the amount of money spent. Still the GOP arrogantly claim that any attempt to get health insurance to as many people as possible is demagoguery.
Lifelong New Yorker (NYC)
@c harris We're still being bankrupted for medical care.
shstl (MO)
While far from perfect, the ACA at least addressed the giant albatross that is pre-existing conditions. Don't think that's a problem worth tackling? Check out this baloney from my private insurer... A few years ago I sprained my knee. I didn't go to the doctor, just rested it. Then I sprained the other knee. Still didn't go to the doctor, again just rested and did some exercises, and things were good for awhile. Recently I had some minor knee pain again and I thought....what a perfect time for some prevention! If I could just consult with a physical therapist and maybe develop a regular exercise routine, I could strengthen my legs and protect my knees. NOPE. According to my insurance company, my knees are a pre-existing condition, although I have never once seen a doctor for them or been diagnosed with anything. I argued that this made no sense and asked wasn't there anything I could do? Their response: Well, you could always LIE to the doctor and tell him the knee issue is brand new! In other words, commit FRAUD. Just to get one simple appointment with a physical therapist! Seriously America? This is acceptable healthcare for the "greatest country on earth"??
Byard Pidgeon (Klamath Falls OR)
Chief Justice Roberts's very carefully worded opinion, from 2012, left the door unlocked and partially open for all the subsequent challenges...in a very "lawyerly", seemingly objective opinion. He was hailed as the savior of ACA, because he didn't kill it, but in reality he postponed the execution and handed the dirty work over to others. Read his opinion...what was said, and unsaid.
Margaret (Florida)
That we don't have national health in this country epitomized the fracture among us. And it is going to come bite us in the rear like never before because now we are at the threshold of a pandemic. There is a rumor (or maybe it has been confirmed by now) that the two people infected in California had one single common denominator: the cleaning staff, in order to make ends meet, also work at a hospital. Those are also the kind of people who can't afford to stay home when they experience the beginnings of the coronavirus symptoms. The SARS virus which is also a form of coronavirus can survive for a week on a dry surface. They don't know yet about this hardiness of this one. Oh, and we have already been informed that to get tested won't be free, just "affordable." Affordable to members of congress, I suppose. I suggest anybody who feels communicably sick, go hug a Republican.
JA (Woodcliff Lake, NJ)
How many more rural hospitals need to close, for Republicans to back off destroying health care for millions of their own constituents? Hopefully the next time the Trumpian base in deep red states heads to their doctor and are told at reception that they no longer have coverage, the spill from dropping their morning can of mountain dew, and jaw drop spewing out their tobacco ridden saliva doesn't make too much of a mess in the doctor's office, as they're turned away.
cwc (NY)
To quote Ronald Reagan: "the most terrifying words in the English language are: I'm from the Government, and I'm here to help." With a pandemic lurking on the horizon, here we go again. Another attempt to take away Obamacare aka Govenor Mitt Romney of the State of Massachusetts care? How many times has it been? And what if the late Sen. John McCain hadn't given a thumbs down to repeal? And what about the states who's Goverors refused to accept "Obamacare" when it was first passed? Passed against almost unanimus GOP opposition. How many of their citizens have died needlessly because they lacked an opportunity to purchase affordable healthcare. The citizens of those states have only their GOP office holders to thank. All in the name of smaller Government. Lower taxes for the rich. Vote Blue no matter who!
ScottC (Philadelphia)
“America is great because she is good, and if America ever ceases to be good, she will cease to be great.” Alexis de Tocqueville, Democracy in America 1835
S.Einstein.” (Jerusalem)
Reviewing the Constitutionality of the Affordable Care Act, which in its consensualized use and functioning enables the Institutionalization of Equitable Well-BEing, raises an interesting issue re societal norms, values and ethics in a democracy. THE Constitution, referred to by "originalists," as well as other life time jurists, created by diverse fellow human BEings, neither includes the concept of "Care,"- its processes and outcomes, nor the concept of "personal accountability." Whatever these life-time jurists will judge and decide, will be done free of, and untainted by, their own personal accountability. The derived implementation(s), with ranges of known and unknown, temporary and more permanent, implications and outcomes, will be will "free" of personal accountabilities for diverse, influential stakeholders. Paradoxically, the Constitution's creators, can't be held accountable for THIS!
MB California (California)
The middle of an epidemic is a fine time to think about repealing health insurance!
Louise (NYC)
@MB California That's the Trump way, especially since he thinks the virus will go away soon
L'historien (Northern california)
@MB California bingo!!
Gwen (Cameron Mills, NY)
@MB California Sadly, getting the corona virus (obviously not dying) might be easier than getting the bill.
John B (Midwest)
Does the GOP have any alternative to the ACA other than holding hands and saying prayers to Jesus?
tom (Fl/ct)
@John B Perhaps there would be a real bipartisan plan instead of the choice of declare your income to be low and healthcare is essentially free or make a decent living and pay through the nose Obamacare program.
Mathias (USA)
@John B Yes. Health Sharing Ministries.
northlander (michigan)
Just in time! Who needs it anyway?
sunburst68 (New Orleans)
Trump is out to kill anything with Obama's name on it -- good or bad, and replace it with something extremely similar but with a different name on it (NAFTA), so Trump can take credit for saving the world in his image!
Kristin (Houston)
Finally! Now the Republicans can implement the cheaper, better Obamacare replacement they promised us. Oh wait, there isn't one.
Bill (NY)
This Dred-Scott court is perfect for Trump.
ProfStewart (San José del Cabo, Mexico)
I want to keep my private health care and will vote accordingly this fall. Having lived under National Health in the UK and its rough equivalent in Germany for 15 years, I know that my private health in the USA is better than either of the European systems. Choice is good, and competition among providers provides it.
Ryan (South Carolina)
@ProfStewart I don't unerstand the choice argument. I can currently 'choose' between a 1500, 2000, and 3000 deductible plan with essentially the same benefits. I can only feasibly 'choose' doctors in network. WIth Universal health care don't you get to go anywhere b/c they all need to take the ~1 insurance provider that exists?
Socrates (Downtown Verona. NJ)
@ProfStewart Twice the price for half the medical care is what many Americans tend to experience, excluding the tens of millions who simply are afraid to go to the doctor because of medical sticker shock. USA ! USA ! USA ! Sad.
Julio Wong (El Dorado, OH)
@ProfStewart - Are you aware that the basic precepts of Obamacare were hatched by Republicans at the behest of the Nixon administration? Probably not. That’s not exactly a conservative talking point. Either way, saying you’ll vote to keep your private health insurance shows how little you know about how Obamacare actually works.
Rose Gazeeb (San Francisco)
While enactment of the ACA has no doubt helped some Americans, what it ultimately accomplished was to give the private health insurance industry control over health care delivery in America. It was legislation crafted with significant input from health insurance executives and lobbyists. Health care classified less as a quality of life issue than as a product in the consumer marketplace. The traditional doctor/patient relationship and quality of care itself impacted by the rules, regulations and restrictions imposed by insurers. A system administered by state it’s less a national health plan than it presents a societal condition where those with the financial means can buy into the premium insurance plans with the fewest restrictions and widest access to medical/health care resources.
Irish (Albany NY)
There is still an individual mandate. The tax incentive/punishment for compliance/violation has just been reduced to zero.
Kazoo (Michigan)
TurboTax didn’t even ask the question this year about coverage.
Peter (Austin, TX)
@Irish Which defeats the purpose of the law.
Socrates (Downtown Verona. NJ)
The Grand Old Patriots continue to do every thing in their power to ensure that Americans drop dead early from lack of access to affordable healthcare, poverty, the Coronavirus and a 40-year-campaign of refusing to fund good government and the common good. The Party of Death strikes again. Nice GOPeople. November 3 2020 D for heathcare decency; R for the Great American Republican Healthcare Rip-Off.
Lifelong New Yorker (NYC)
@Socrates You'll only get true "healthcare decency" by voting for Bernie Sanders.
Lunar (Dallas)
It gets social security and Medicare costs down, the hard way!
McGloin (Brooklyn)
@Socrates You accidently called Republicans "patriots." It most have been a spell check error. Patriots don't spend forty years calling the government (Our Republic) "the enemy." Patriots don't slash taxes so shareholders can invest in low wage countries instead of America. Patriots don't lie to send our troops to war for corporate profits. Patriots don't bail out global shareholders instead of US homeowners and workers. Patriots don't encourage businesses to move to foreign countries by taxing profits from outside the US at half the rate of profits made in the US. Patriots don't contadict the Constitution to claim they is something evil with government spending (while they raise spending on contracts for their own corporations.) Patriots don't protect a president that contradicts, threatens to violate, and violates the Constitution on TV, habitually. I know you understand this, but it can't be said enough. Traitors are not Patriots.
Greg (San Diego)
Makes sense to end ACA in the midst of a global pandemic
Susi (connecticut)
Still waiting for the "replace" part of "repeal and replace". Trump voters are so gullible!
Socrates (Downtown Verona. NJ)
@Susi The GOP replacement proposal is ready and waiting. Tens of millions of additional uninsured Americans Millions more in premature, preventable deaths The greatest unregulated 'free-market' rip-off in the world More corporate profits The freedom to go medically bankrupt and drop dead early ! GOP 2020 Nice GOPeople.
WGM (Los Angeles)
If Republicans get their way, people who become ill will, by definition, lose their livelihoods. The will lose them to people who unscrupulously capitalize on their illness. With today’s Republicans there are only winners and losers. It seems to be perfectly OK with them to place anybody into the role of loser if you can get something off of them, even if it permanently harms or destroys them, including their entire livelihood for years to come or even for the rest of their life. It’s disgusting. It’s immoral. And it’s predatory.
Ms. Pea (Seattle)
I had Obamacare for 2 years after I lost my job and before I turned 65 and went on Medicare. I like it a lot, and don't understand the complaints about it. I kept the same doctor I'd had for 15 years and had surgery during that time, which was covered with no problem. I just don't see why animosity toward Obama himself would be a good enough reason to stop coverage for millions right in the middle of a pandemic.
Patron Anejo (Phoenix, AZ)
@Ms. Pea I'm on an ACA plan. My only complaint is the monthly $2700 tab (I receive no subsidies). But it's STILL far better than no coverage for preexisting conditions, and I'm grateful for it.
Rose Gazeeb (San Francisco)
How many American workers/wage earners can afford to pay out a $2,700 a month health insurance premium? Not when the median US individual income for the year 2019 was some $30,000 a year.
Scs (Santa Barbara, CA)
@Ms. Pea Yes, agreed. I’ve had the ACA silver plan for years since it became available and it works fine for me. I don’t get a subsidy and am self-employed so do not have a workplace option. When I did have workplace health insurance, it was a joke. The closest clinic where it was accepted was 45 mins away. I’m a healthy 30-something and have my bases covered with the ACA should something happen. Having health insurance tied to one’s workplace limits opportunities for entrepreneurship. I hope I’m not one of tens of millions who have this option taken away only have have....??? Still waiting to hear the amazing GOP “replace” option....
Lady in Green (Washington)
If the ACA is overturned on the mandate issue, then I think we should sue states that require auto insurance to drive or license a car. I see no difference, a mandate is a mandate. Next will republicans eliminate compulsory education for children? I would not be surprised. Why are the republicans so anti government and anti democratic (small d) processes of legislation? The simple answer is their big donors believe the lassiez faire free market can fix everything. Consider this they do not believe in the following: universal free education minimum wage labor laws social security (are folks aware that trump is going for cuts after the election) environmental protections the ability of citizens to sue for bad products or practices the list goes on The federalist society is on board to ensure conservative rule. in the coming years I see rulings from the SCOTUS severely limiting the types of laws the federal government can make. And with the covert support of groups like ALEC state legislatures will have their hands tied also. I would like a conservative to give me an example of a country where lassiez faire is successful for a society as a whole. Do conservatives believe in the public common good at all? That is of course unless it comes from a pulpit.
Johnny (Canada)
@Lady in Green If Obama did it then it has to be undone. Trump said repeal and replace but all he's really worried about is the repeal part.
GMooG (LA)
@Lady in Green Really, you don't see a difference between car insurance and health insurance? This was discussed on these comment pages about 10,000 times already, but OK: With the ACA and health insurance, you don't have a choice; everyone must have insurance or pay the penalty. Car insurance is difference because not everyone has a car, and nobody has to have a car, so unlike health insurance, you don't have to have it.
Richard steele (Los Angeles)
Only in America. That 18th century document, in all it’s perceived brilliance has essentially become a filibuster; a tool used to justify the denial of a basic human need, such as health care. The musical comedy effect of shuttling the ACA through the courts is part of the strategy of dismembering the ACA. It is the same strategy that governs the anti-abortion movement. Endless litigation. Only in America.
RLW (Chicago)
This is the reason that we need to do more than simply improve Obamacare. The "mandate" was a central flaw in the Obamacare law barely passed by a Democratic Congress. A much more comprehensive universal healthcare law which includes all citizens and is paid for by the Federal government, like "Medicare for All, is the only system that can assure the best possible health care for everyone, whether he/she is a Congressman, the CEO of a Fortune 500 company or a homeless person earning less than $20,000 per year. Even if you like your employer provided healthcare insurance today, your employer may not be here tomorrow. Health care should not be dependent on where you work. The Republicans will destroy our health care system if they had carte blanche because the insurance companies and other health industry fat cats are paying them to do so. The death and destruction caused by the Covid19 pandemic will be nothing compared to the the millions of Americans who will die if we have another Trump administration with a Republican majority in the Congress.
W.A. Spitzer (Faywood, NM)
@RLW ....The mandate is an essential component for covering preexisting conditions. The mandate is essential a healthcare tax; everyone is charged the tax, but people who buy healthcare insurance receive a tax credit, meaning that only people who don't buy healthcare insurance have to pay the tax. Because under ACA, insurance companies have to cover preexisting conditions at no extra cost, without a mandate people could wait until they got sick or injured before they purchased insurance. This would necessarily raise the cost of insurance for everyone. It is simple really, without a mandate, covering preexisting conditions makes no sense. You suggest universal coverage by the Federal Government; that is no different than a universal a mandate.
Rose Gazeeb (San Francisco)
Trump and the Republican Party enjoy combat. Provoke and inflame is their product. It’s part of the entertainment package they put out 24/7 with each daily episode of Trump Apprentice President. When it comes to the ACA this script particularly applies. Just serves to stir up emotions and grab mass attention. For what better deal can the corporate health insurers get than what they have going now with the ACA in place? Private health insurers are sitting top of the world.
RLW (Chicago)
@W.A. Spitzer Precisely. That is why an affordable care act that can't be challenged by Trump appointed courts, like "Medicare for All" is the way to go.
J. (Midwest)
Regardless of the timing of the Supreme Court’s hearing and decision on the ACA, the basic truth remains and should be hammered home by every Democrat: the Trump Administration and Republican state AG’s have been, and continue, fighting to destroy the ACA with no reasonable replacement ever proposed. The net result could well be reimposition of pre-existing condition exclusions from insured care, as well as lifetime and annual caps on care. While the ACA is not perfect, it is a step in the right direction, which only the Democrats care about and want to improve.
MJ (Denver)
" In December, the United States Court of Appeals for the Fifth Circuit, in New Orleans, agreed that the mandate was unconstitutional but declined to rule on the fate of the remainder of the health law, asking the lower court to reconsider the question in more detail." "In 2012, the court upheld the law’s requirement that most Americans obtain insurance or pay a penalty, saying it was authorized by Congress’s power to assess taxes." These two paragraphs are in direct conflict, aren't they?
Vin (Nyc)
It's amazing to me that the Trump White House and the Republican party are doing their utmost to wipe out a law that would make our already dystopian healthcare system worse (a repeal would literally endanger the coverage of 20 million people), yet Republicans stand a pretty good chance of holding on to the reins of government after November. We're idiocracy and right-wing dystopia rolled into one.
Djt (Norcal)
Every thinking American that places a high value on human worth and justice needs to be developing a "Plan B" for themselves and their progeny. Plan B involves moving to another country and gaining citizenship there. Most professionals and business owners will qualify to live in another country; the non-college educated will not. But the US has become such a backwater of humanity that it is making my physically ill to be here.
inter nos (naples fl)
Like in any other industrialized country we need a healthcare system affordable and accessible to all Americans . This Coronavirus epidemic might force many politicians , who are against any form of guarantee health coverage , to change their mind . If the infection should become widely threatening, it might uncover the tremendous deficiencies of the most costly system in the world , where many millions are still uninsured and many more underinsured. Many sick uninsured people will stay away from clinics and continue working , making spreading of the infection uncontainable. We need healthcare for all !
JEV (Longwood FL)
Donald Trump and GOP lawmakers are hellbent on dismantling the Affordable Healthcare Act to take away healthcare for millions of poor and middle class families without offering an alternative healthcare plan of their own. Voters need to keep this in mind in November - vote blue.
Roland Berger (Magog, Québec, Canada)
Backing people who cannot afford insurance with federal money would make the insurance industry crazily happy.
Nicole (USA)
More evidence that Democrats do not know how to play the long game like Republicans. Repubs are quietly chipping away at health care, women's right, scientific evidence of climate change, as well as civil rights. Dem candidates need to stop fighting with each other over purity tests and focus on the true enemy.
Peter (Austin, TX)
@Nicole You mean hire a moderate that will continue to chip away at the social safety net? No thanks.
FXQ (Cincinnati)
Every American should have the same health insurance as their representatives and president.
Snowbird (MD)
These folks sure are spending a lot of time and money to kill health insurance coverage for millions of Americans. Just whom do they represent? Who votes for people who promote policies that lower the national life expectancy? Vote for bad characters; expect bad government – and bad judicial appointments.
Les (SW Florida)
@Snowbird They represent the lobbyists for health insurers.
clarity007 (tucson, AZ)
The insurance mandate is no longer law. Switzerland has retained its mandate but of course you have to work if able bodied.
Scott Emery (Oak Park, IL)
Oh, let's just get rid of it and come up with some phony legalistic mumbo-jumbo to justify the rights of those with money and power! Their freedom to make and spend their money is paramount - do the masses and the "elite" liberals not yet understand that? And do not forget that Bernie Sanders would mean the end of America as we know it....wait, is that such a bad idea?
BQ (Dunkirk, NY)
Sadly, I know several diehard Trumpers, some of which only have the ACA to thank for their ability to have healthcare coverage. It makes me wonder if they realize that the guy they so blindly support is doing all he can to eliminate their healthcare. If the ACA were to be tossed out, I would bet they would blame the democrats and rail against them for playing politics with their health.
Austin Ouellette (Denver, CO)
@BQ You are not kidding. Like a farmer going bankrupt in the Midwest blaming Democrats for the trade issues with China. It’s like... what? Their farms were not bankrupt under Obama, bankrupt under Trump, but somehow Trump is the good guy of the story of their catastrophic financial ruin? It’s amazing. It really is. Trump supporters really remind me of the Branch Davidians. It never ends well when a group of people submit so completely to an egomaniac.
Suzy (Ohio)
@BQ Don't wonder, ask them point blank and tell them the answer.
Charley Lochtefeld (California)
@baba ganoush "Quadruple prices" - give me a break. Prices were already staggeringly unaffordable and on their way up when ACA was implemented. In fact, it offered relief to millions. But by all means, keep with the right wing playbook - spew lies and marginalize immigrants for sport. Be aware, though, that tactic is becoming more transparent, and far less effective.
PGJ (San Diego, CA)
This is scary. We once thought Roe v Wade was the settled law, but in many places in our country it is now in name only.
J. Waddell (Columbus, OH)
@PGJ Remember, Plessy vs. Ferguson was also settled law until it was overturned by Brown vs. Board of Education. The constitutionality of the Japanese internment during WWII was validated by the Supreme Court and has never been overturned.
AndresB (Hawaii)
@J. Waddell Sort of, as Chief Justice Roberts chimed in: “The dissent’s reference to Korematsu … affords this Court the opportunity to make express what is already obvious: Korematsu was gravely wrong the day it was decided, has been overruled in the court of history, and — to be clear — ‘has no place in law under the Constitution,'” he wrote. https://time.com/5322290/trump-travel-ban-japanese-internment/
PGJ (San Diego, CA)
@J. Waddell True. Thanks for reminding me.
EW (Glen Cove, NY)
The quickest way to get Socialism is to allow unfettered Capitalism to run amok. Go ahead, get rid of RomneyCare, I dare you. Because then we can finally replace it with Medicare for All and put private health insurance companies out of business for good.
Mom of 2 (Los Angeles)
@EW In addition to a federal option, would you consider allowing well-regulated not-for-profit health plans that meet minimum standards for comprehensive preventive and treatment coverage?
Josa (New York, NY)
@EW It will call the GOP's bluff, that's for sure. They've got NOTHING to offer on health care. Never have, and probably never will. I kind of hope the Supreme Ct invalidates the ACA so that the GOP can be further shown to be the heartless frauds they actually are, and we can hasten our ascent to M4A. And don't tell me M4A can't happen. If the ACA falls, M4A is literally the last arrow in the quiver.
dukerwt (nc)
@EW you are assuming that there will be a democrat president and a democratic congress to pass medicare for all. it will not happen with a republican president/congress. in addition, assuming that a medicare for all is passed by congress and signed by a president, there is no assurance that the supreme court won't continually and repeatedly strike down medicare for all as unconstitutional.
Doug M (Seattle)
I’m a physician who wants either something better than Obamacare or for Obamacare to be improved- which it can be. However, regardless of anyone’s wishful thinking, there is no magic wand which will create a great single payer system in America anytime soon- President Sanders (unlikely) or not. However, Mike Bloomberg (who I support) should be spending millions on ads about this upcoming Supreme Court case, and what will likely happen to the current ban on preexisting illness exclusions for health insurance, if Trump has anymore Supreme Court picks. I hope Bloomberg pours money into this issue regardless of whether or not he is the Democratic Party nominee.
Pottree (Joshua Tree)
Dealing with the coronavirus is difficult but is about something real, able to be examined, at least, by science. The reason we cannot have healthcare for all is not real, it is political, IOW, a made up problem that doesn’t really have to be solved with science. There are several models across the industrialized world. They all got there somehow, and they’ve all kept it going for decades. We do not really have to reinvent the wheel. We can do it as Italy or England or France or, yes, even Denmark did it. No Petri dishes or gene sequencing required. What we must do is overcome political opposition, which is a fancy way of saying the opposition by those who feel they have something to lose. It’s not nearly as much as identifying where we have to go... but how we can get there.
Doug M (Seattle)
I’m a physician who wants either something better than Obamacare or for Obamacare to be improved- which it can be. However, regardless of anyone’s wishful thinking, there is no magic wand which will create a great single payer system in America anytime soon- President Sanders (unlikely) or not. However, Mike Bloomberg (who I support) should be spending millions on ads about this upcoming Supreme Court case, and what will likely happen to the current ban on preexisting illness exclusions for health insurance, if Trump has anymore Supreme Court picks. I hope Bloomberg pours money into this issue regardless of whether or not he is the Democratic Party nominee.
John (NJ)
Oh, the Republicans will come up with a better plan called "trumpcare" little or no coverage for a lot more cost!! I wonder how many trump voters are on Obama Care...
Friday (IL)
@John Everyone is on Obamacare. Its consumer protections affect everyone.
Richard (Las Vegas)
Republicans Health Plan: Don't get sick, If you do get sick, die quickly.
Concerned Citizen (New York, NY)
So-called pro-life.
FarmCat (Yakima,WA)
@Richard That sums up my 4800 dollar a year "DeathCare" plan . . . For which I would gladly pay more per year to have Medicare for All!
McGloin (Brooklyn)
@Richard Democratic Centrist plan: compromise with Republicans. The Left plan: tax the mega-rich to invest in better Healthcare for half the cost per citizen. (Taxing and Spending are responsibilities given to Congress by Article I of the Constitution. Democrats can't win until they stop running from the Constitution. You can't protect the Constitution if you are afraid to implement it.) Choose a side.
RB (TX)
Republicans, Health Insurance & the ACA ……… President Trump has his, the Republican Congress has theirs………. SO Why should they worry about the rest of America having theirs ?…….. Answer is - they don't………...
Louise (NYC)
@RB They want the money to go to building the wall. They don't care about their voters who need ACA.
Tom (Bluffton SC)
I don't get it. How many bites at the apple are these guys going to get? Can they keep coming at this law forever until they get someone to say it's unconstitutional for some goof ball reason? Eventually they'll do that. What's the point of passing laws?
inkspot (Western Mass.)
Quick! Stop socialized medicine before they also want to socialize the police and fire departments. Before the US military and interstate highways gets socialized. Before your state and local schools, highway departments, street lighting, snow plowing and beach cleaning gets socialized. Imagine having to buy private insurance so the police would protect you. Imagine not being able to afford the private insurance so the fire fighters would come to your burning home. Just imagine. Now apply that to your child’s health care, your parents’ health care, your own.
Polaris (North Star)
@inkspot Imagine buying your own food, housing, and clothing and not having the government provide them. The ACA is great, but it isn't socialize medicine — nor should it be.
Mexico Mike (Guanajuato)
@Polaris The ACA is garbage because it's insurance. What we need is socialized medicine and a Guaranteed National Income to give us have-nots a fighting chance!
JD Athey (Oregon)
@inkspot Interesting. Satire, right?
Galfrido (PA)
With the coronavirus looming, wiping out healthcare for millions is consistent with Trump’s cruelty. Good thing the Supreme Court probably won’t hear the case for another year.
Arize (Atlanta)
@Galfrido The Supreme is deliberately delaying hearing the case and blowing up the ACA till after the general elections in order not to hurt Republican prospects with an unpopular decision
Innocent Bystander (Highland Park, IL)
This endless legal nonsense is another argument for the passage of universal healthcare legislation that would phased in over a period of time, say 10 years. Let's also remember that the Republicans who want to blow up the ACA don't have a replacement. What the GOP promises is simply more dysfunction and corruption. It's time to put a substantial end to America's healthcare rackets - most egregiously Big Pharma - which receive legal cover from corrupt politicians in Washington. The country can't afford it anymore.
AD (New York)
It’s tempting to say this is why we need Medicare for All. But bear in mind that for all of ACA’s shortcomings, Obama had to move heaven and earth to get it through Congress. A Canadian-style single-payer model would face even greater political and legal challenges, well before we could even consider building the system itself. This is why a multi-payer model of universal health care like the ones prevalent in most developed countries is more realistic.
Michael Tyndall (San Francisco)
Republicans want the law to go away, just not before the 2020 election. There’s also the prospect for another SCOTUS opening (RBG, cough, cough) that Trump can replace in this or a second term. Dems of course want it decided sooner when more political pressure might be brought to bear, or when a major adverse decision would substantially rile up the electorate. The Court itself has already taken a political position by apparently slow walking the case. Sad to see such a state of affairs when the lives of millions are at stake.
Observer (Canada)
@Michael Tyndall if the case is being heard this Fall will it not do,I ate the November election campaign? Seems like good timing all around.
Patron Anejo (Phoenix, AZ)
@Observer They'll HEAR it in the fall....the decision most likely won't be out until the Spring (of 2021).
Observer (Canada)
@Patron Anejo yes I know they will HEAR it in the fall. That means it will be all over the news in the Fall.
Ilya Shlyakhter (Cambridge, MA)
If a 2017 change made a part of the ACA unconstitutional, the logical remedy is to undo that change, not throw out the whole law.
J T (New Jersey)
@Ilya Shlyakhter It was a simple majority of Republicans in the House and Senate who eliminated the individual mandate, which they could only do with a callous president like Trump, because any Democrat and at least one Republican (John Kasich) would've vetoed it. It was the intent of the supermajority in Congress that passed the ACA that there be a mandate, and a fine, and the Supreme Court upheld both of these, viewing the latter as a tax. It is disingenuous for a party to remove the mandate and the "tax" which had both been upheld by the Supreme Court and to then argue to the Supreme Court that without those the ACA can't survive and must be repealed. If you take away two things essential to a person's survival, you are killing that person. That simple majority and this simple president conspired to do just that, kill the ACA. Beyond that, it strikes me as unconstitutional for a simple majority of a new Congress to render a change to a law from a supermajority of a recent Congress that sabotages said law and renders it unsustainable. And the Supreme Court generally looks at what the original intent of a law was. Republicans' disingenuous attempt to render a law unworkable when they didn't have enough votes to repeal it outright goes against that original intent and is unconstitutional. Yes, a majority in both houses of Congress could restore the individual mandate and the fine. But next time it flipped we could be here again.
Jus' Me, NYT (Round Rock, TX)
How many of the 23? million beneficiaries of the law will vote for Trump and Republicans. A lot, I'll bet. I want to throw up. This is not the flawed but wonderful America I grew up in, came of age during the Civil Rights struggles, Medicare signed into law, etc. I would move if I could. But then the many people I love would still be residents of this crumbling state, so where would that get me?
Cowboy Marine (Colorado Trails)
Even before Gorsuch and Kennedy, the Roberts Court has demonstrated its anti-democracy and anti-American (bottom 99% and non- so-called "conservative" Christians) perspective on the Constitution. And the bottom 99% and non-fake pious are going to feel the resultant pain and angst for the next 30+ years. If Sanders is the Dem nom and Trump has another 1-2 appointments, stretch the pain to 40 years. As far as Supreme Court decisions and impacts on their lives go, Sanders supporters under age 40 will thus have until age 70 and beyond to feel the Bern.
Paula (Lake Forest)
It seems to me that there is a silver lining if the Supreme Court takes a fast track and rules to wipe out the entire law. That would be the success of Medicare-for-All and a Democratic majority in the Senate and the House!
Trebor Flow (New York, NY)
The major reason I will be voting democratic this fall, who ever is nominated. I want to perserve my ability to have access to affordable healthcare as I age, and not be denied care because of the "pre-existing" condition" loophole before medicare kicks in. Republicans, not just Trump, want to go back to the way healthcare was before ObamaCare. This would mean a loss of protection against pre-existing conditions. If you can remember way back then, almost EVERYTHING ended up being a pre-existing condition. Today in Florida, people who purchased the "junk" plans approved by Trump are finding out that if they get sick there is no coverage. People doing the right thing by going to the hospital to see if they have Coronavirus (and avoid spreading it), are getting hit with HUGE bills under the guise that this may have been a pre-existing condition. After all they had the flu 3-4 years ago so this is nothing but a pre-existing condition if they do not test positive for the Coronavirus. Therefore, ineligible for coverage under these "Trumpcare" plans. What a way to run a medical system. With a pandemic knocking at our door the free market healthcare system, through "junk" healthcare plans approved by the Trump administration, is looking to be profitable above all else. Denying coverage and discouraging people to do the right thing in the face of a pandemic.
Les (SW Florida)
@Trebor Flow Trump reapproved the worthless plans that the ACA barred.
Sterling (Brooklyn, NY)
Given that the Supreme Court is nothing but an arm of the GOP these days, it’s just a formality that the Court will overturn the ACA.
Dennis Menzenski (New Jersey)
I get it. Take the case up in October, maybe a month before the election, and issue a ruling after the election. This timing protects the republicans. A ruling to kill Obamacare enables them to claim victory after the election. A ruling to leave it in place after the election enables them to denigrate it during the campaign without offering any meaningful alternative. Why not issue a ruling now? What takes so long to arrive at a decision?
Ancient (Western NY)
Sounds like it's time to amend the Constitution. We're not living in the 1700s any more. Most of us, that is.
Friday (IL)
I don't know why more of the Democratic candidates are not shouting from the roof tops that if the ACA is struck down in its entirety then protections for pre-existing conditions will disappear in a puff of smoke, as will all the other consumer protections that are part of the law as to the quality of insurance products and whether young people can stay on their parents' insurance. Trump's state of the union promise to "always protect people with pre-existing conditions " is lie like all his other lies. The Republicans have no pending legislative agenda to protect people with preexisting conditions. Every American needs to understand this fact.
Mark (Smith)
I'm really lucky because as a self employed individual, I do pretty well. Even people like me would be uninsured if the law is abolished. Even those who do well can now go bankrupt from unexpected health emergency. What about everyone else? I really don't understand the Republican's obsession in getting us killed or bankrupt.
Lilburne (New Jersey)
The millions of Trump devotees who now cherish their Obamacare, are in for a big surprise when the two Trump appointees on the U. S. Supreme Court vote to kill Obamacare. Here's a tip: Donald Trump has no plan to replace Obamacare with any plan that will actually protect people who need protection, such as people with pre-existing conditions. Trump had had almost four years to put forward his promised healthcare "plan." Where is it?
Donald (Florida)
@Lilburne It is sitting in a dark place next to his tax returns and what decency th ecountry had.
Steve (Thailand)
If ACA dies, then everybody with a preexisting condition will never again be insurable at an affordable price. All opposing trump should be harping upon this specific point rather than all the current Democratic in-fighting. Keep is simple for the voters. Focus upon beating trump by highlighting that he wants millions of Americans to lose affordable health insurance and drop all protections for those with pre-existing conditions. Trump gives us so very much to despise, but do not fall for it! Focus upon healthcare and what trump/GOP seek to do to it to beat trump.
Alan (Sarasota)
Republicans want you to pay high premiums and have pre-existing conditions as a denial for health insurance. This way the insurance lobby can keep bribing (lobbying) them.
Michael Piscopiello (Higganum)
You know talking about bad politics, if the republicans get their dream of scraping the ACA, lets hope it happens sooner than later. What could be better for the democrats than 100 million plus Americans having their health care thrown into disarray and costing them thousands more before the November elections. Nothing better than an angry populace to promote social change.
ak (brooklyn)
that's why the Court is slow walkimg it so that mothing changes until after the election; a bad sign
Chris (Los Angeles)
How unbelievably disingenuous of the Republicans to argue that the removal of the individual mandate made the law unconstitutional. It was those same Republicans who opposed the individual mandate and got it removed from the legislation.
DB (NC)
We need to know now. If the Supremes declare the ACA as unconstitutional, there will be a groundswell of support for Medicare for all.
Pottree (Joshua Tree)
Now, I ask you, America: as we confront a global health emergency, what could be better for our nation than throwing millions of people off their already stingy heath care programs?
Louis (Denver, CO)
If the United States Supreme Court votes to strike the entire law down, conservatives lose whatever credibility they had left to complain about "activist judges."
Iris Flag (Urban Midwest)
@Louis Unfortunately, I think that ship already sailed a long time ago.
Anne (Portland)
A potential global pandemic should have everyone--including angry mean-spirited Republican politicians--re-think universal healthcare. They themselves ultimately will only be as healthy as our least healthy fellow citizens.
tony.daysog (alameda.ca)
Not sure as to the theory as to why this is unconstitutional.
Paul (Brooklyn)
There are at least two rules of thought on this. 1-One is to do what the democrats are doing, ie force the SC to make a decision sooner than later. If they agree with ACA fine but if they don't it could spur the public to demand an ACA type medical system since it is a winning issue but you could throw millions of people off the health roles until it passes. 2-The other is to slow roll it, hope the democrats win and then improve it. I think #2 is best.
Mike (Syracuse, NY)
@Paul doubt #2 happens so likely not.
Paul (Brooklyn)
@Mike Well apparently the dems are going for #1 but if the SC rules against them which is a distinct possibility millions of people will not have medical coverage and unless the dems take all three branches may never get them.
Dudesworth (Colorado)
I suppose that at this point the only real option is to vastly expand Medicare for All. The courts are going to keep chipping away at the ACA. This is why moderates and progressives need to *come together* and develop a 10-15 year plan to gain lasting majorities across government. Gen X, Millenials, Gen Z - we are not a cohort of conservatives. It’s just a matter of time but we need a road map and a strategy to definitively turn the tide.
Carl Yaffe (Rockville, Maryland)
@Dudesworth Take a hard like at how our "leaders" are responding/and not to the coronavirus scare, and ask yourself whether having the government manage everyone's health care is really such a wonderful idea.
Dudesworth (Colorado)
@Carl Yaffe a government hampered by 40 years of Republican sociopathy is no guide. Many of us are tired of the “cut taxes then cut services because is no tax revenue” schtick. The wealthy (I.e. households that bring in more than $250k per year) and “job creators” have been running the table for decades and it’s leading us in an untenable direction. The United States of Serfdom. Let’s put it this way; you take your lumps in the workforce all your life, if you are lucky you save some money. Then you have spend all that money on your healthcare in old age. What is the point in that? Are we all just drones existing to prop up the healthcare industry?
Carl Yaffe (Rockville, Maryland)
@Dudesworth What you're (rightfully) tired of doesn't necessarily translate into political power. According to exit polls, 35-40% of voters under 40 went for Trump. I doubt that it will be much different this year, and given that, plus the bias of the Electoral College toward red states, it's likely to be a long time until the kind of change you'd like to see comes about. And even when it does, there's no guarantee that the change will be lasting, as the Democrats learned not long after enacting Obamacare. So my counsel remains that turning everyone's health care over to the Federal government is unacceptably risky.
inkspot (Western Mass.)
If the ACA is declared invalid and it’s protections become a thing of history, millions may die because they lost the coverage provided by the law. This will be blood on the hands of Republicans who reject the law but refuse to offer anything to replace it other than thoughts and prayers that Americans don’t get sick. Of those who get mortally ill, how many will leave their families bankrupt because of medical costs laid out their feet due to medical costs from trying to save their loved ones? Again, the Republicans just don’t care. The Republicans like to shout and protest about the sanctity of life and proclaim that they are “Pro Life!”, but they care not one iota except for in utero fetuses. Once a child is born, the mother or family is on their own - and will be even more so without the ACA or Medicaid. The same is true for the elderly and the weakest among us. “Let the born babies die!” their actions shout. Let grandma die!” This is hypocritical at best and evil and cruel at its core.
Patron Anejo (Phoenix, AZ)
@inkspot Fear not, our intrepid leader has said "we're protecting preexxisting conditions". Yeah, he's giving those preexisting conditions protection to run wild over a vulnerable, uninsured populace. Still winning?
John (New York)
@inkspot What the GOP never wants to recognize is that the ACA actually reduces the costs of healthcare in our country, for individuals, and for companies. The people who really don't like the ACA are the ones who are super-weathy and have to pay an extra few cents on the dollar for the funding. The GOP issue with the ACA has nothing to do with quality of care or any sincere concern for American people struggling to get by (if they cared so much, you would think that they would have an alternative plan...but they don't). What this is all about is the GOP, our Congress and current president, lobbyists, and the establishment protecting the interests of the super-rich and powerful. The reward for all of these groups who cooperate is that they get to keep their power and keep the paychecks rolling in.
Paul Lundstedt (Punta Gorda, Florida)
@inkspot The republicans do care that everyone has their 2nd amendment right to have their instrument of death. No strings attached.
maxim7 (upstate)
And so the republicans become the only major political party in the civilized world to actually take health care access away from citizens. Oh, did I accidentally imply that America was part of the civilized world?
Gagnon (Minnesota)
@maxim7 America is a third world country. If you go to rural Arkansas or Louisiana you'll see a standard of living that's not terribly different from a West African country. We simultaneously have a huge amount of power while also having shockingly substandard healthcare that's more comparable to Nigeria (where basic public services like firefighting are privatized and exist solely to serve rich people) than anywhere in the EU.
trudy (Portland, Oregon)
Just in time for the corona-virus.
Seattle (Seattle)
Why are we always fighting for our lives in this country? I’m so angry. GOP austerity and cruelty has made me, a former moderate, move extremely left.
Susan (Home)
@Seattle Why are we always fight for our lives? Good question. Maybe our legendary rugged individualism? Perhaps our proven capitalistic greed? Our renown resentment for someone getting something we don't have?
Patron Anejo (Phoenix, AZ)
@Susan Maybe the Electoral College, and gerrymandering.
Donovan Smith (San Antonio, Texas)
@Seattle You haven’t so much moved “extremely left” as the Republican Party has moved far to the right, dragging the center rightward. Don’t forget that the ACA was modeled on the health law passed during Mitt Romney’s time as governor of Massachusetts which in turn was based on an idea hatched by the pseudo-libertarian Heritage Foundation. Yet by 2010 it was considered leftist by the Republican Party, leaving the absurd situation where our so-called center-left party is standing behind a law with origins in a right-wing think tank.
B (Minneapolis)
Red state AGs, the Trump Administration and conservative Justices on the SCOTUS will make sure there is no decision until after the election. Democrat candidates will have to make it understood that Trump and Republicans are again trying to take away protection of pre-existing conditions without having any other plan to protect Americans' access to healthcare coverage.
Susi (connecticut)
@B I hope the Dems get better at messaging so that people understand this!
McGloin (Brooklyn)
@Susi After the Republican Senators voted to let no evidence or witnesses into Trump's impeachment trial, Chuck Schumer responded with "This is a perfidy." If you want better messaging, you better spread it yourself.
Pierson Snodgras (AZ)
This is what Roberts gets for his weak, intellectually dishonest "it's constitutional as a tax but doesn't affect interstate commerce" needle-threading. Maybe we'll get lucky and Roberts will tumble to the obvious holding: Yes, healthcare does affect interstate commerce so the law is constitutional regardless of any penalties, and join the 4 "liberal" judges in upholding the law. Either that, or just pull the lever already and kill tens of thousands of people every year because they will no longer be able to afford insurance and can't afford medical care.
Patron Anejo (Phoenix, AZ)
@Pierson Snodgras Look at the bright side....further "needle-threading" by Roberts will probably cause what's left of his hair to fall out. Wonder if propecia is covered on Federal Health Benefit plans?
McGloin (Brooklyn)
@Pierson Snodgras Obama made it possible for Republicans to dismantle ACA in the courts, because instead of taxing and spending, like Article I of the Constitution says to, he tried to pretend he wasn't taxing and spending. Penalties for not having insurance is not in the Constitution. If you run from the Constitution, you can't implement it, and you can't protect it from Trump and friends Bernie wants to follow the Constitution to tax the mega-rich to invest in the healthcare for our citizens. M4All cannot be challenged in the courts because taxing and spending are in the Constitution. The Left argues for the principles in the Constitution. The Right argues against them. Moderates must choose a side.
Liz Webster (Franklin Tasmania Australia)
Ask Australians about “interstate commerce” of our PRIVATE medical insurance system which runs parallel to the MFA one. All health insurance companies are national , and only a tiny percentage are attached to our employers in any way. We have a true FREE market, and all policies operate in all states. We can travel, move jobs, and keep the same plo y all our bloody lives! It makes us laugh when American think they have free market capitalism. They don’t know what it is.
Mike (California)
While the Supreme Corporation of America is tossing the ACA out next year, they will also eliminate a Woman's right to choose. Fun times.
Patron Anejo (Phoenix, AZ)
@Mike "Right to life" only means until birth.....apparently.
EA (home)
@Mike Despair is all that's left.
McGloin (Brooklyn)
@Mike You can't oppose the Right by hiding in the center. The opposite of the Right is the Left. Moderates must choose a side.
Merlin (Atlanta GA)
And yet Democrats are applying the purity tests to their candidates, still not recognizing the importance of getting trump, Republicans, and his corrupt DOJ out of office. Democrats are drinking the koolaid of a self-proclaimed "democratic socialist" who cannot win in the general elections.
Bob Bruce Anderson (MA)
So I am thinking 3 strikes and you are out for Trump: 1. Stock market correction (collapse?) 2. Virus boondoggle (total incompetence). 3. Trying to rip healthcare away from millions of poor and middle class Americans (cruelty). Still waiting for the presidents health care plan that was to be "better and cheaper". Waiting...waiting to see his promised tax returns...waiting for the "huge" infrastructure plan....waiting...
BLJR (New England)
Ten years on and the Republicans still have no healthcare plan to replace ACA. You have to look to the Dems to keep and improve it. Take the next step: Vote BLUE.
Greg (San Diego)
That’s next term
Group W (Bench)
@Bob Bruce Anderson Trump has about 400,000 strikes so far, but a truly impressive bulwark of enablers. I don’t see us getting him out until he dies. Probably to be succeeded by Don Jr.
shimr (Spring Valley, NY)
It seems obvious to me that the only reason Trump and his loyalists want to trash the ACA is that Trump has an intense hatred for all things Obama. Why he can't leave well enough alone but must try to remove all reminders of Obama , even when he has no prepared replacement, is a problem for the psychologists.
EA (home)
@shimr Sounds like the reason for the 25th Amendment to me.
Ms D (Fulton Ky)
Now with the possibility of the outbreak of the Coronavirus and people Not having low cost insurance to even get tested who is going to pay or will people just die?
J J Davies (San Ramon California)
It's really a shame about the minority aberration of Trump. It has caused the expenditure of time and effort to reinforce basic humanity.
solutiondriven (Connecticut)
The average worker pays anywhere from 0% to 6% of their pretax income for health insurance coverage from their employers, and pays 7.65% to Medicare (I admit that these percentages could be a bit off). If that 0% to 6% was directed to Medicare, that means that every working person—including those making over $118k a year who are excluded from paying Medicare and OASDI—can be covered. GOP and trump supporters “argument” is that lazy people and “illegals” will get coverage too. So 300 million people should worry and suffer over health insurance because a few million people might benefit, you know, their typical wrong-headed “thinking.” The big insurance companies stand to lose billions in revenue, unless they do in America what they do in other civilized countries: make money insuring over and above coverage for cosmetic surgeries, etc. The Australian Model is the most illustrative...
Robin (Georgia, USA)
You're primarily describing the elderly, children, and disabled. Should those who "contribute" simply step over the dead & suffering? As it stands, they can't be denied essential treatments on an emergency basis; the insured cover the uninsured already via higher costs. Adopting a system that allows us to negotiate prices/costs down, cut out the profit-driven middle men, and cover everyone just makes sense. Insuring the least of us get care doesn't just benefit them. It's better for us all. Those who require treatment of some kind to become contributing members of society should definitely get it.
Michael S (Hawaii)
@Mike pretty shortsighted reply. There are many who are "unable" to contribute, for an example, wounded vets, aged and sick and others who have just "fallen through the cracks. Those who purposely avoid responsibility and try to exploit the system I think we all agree should be penalized.
Jus' Me, NYT (Round Rock, TX)
@solutiondriven That 7.65% is for SOCIAL SECURITY! Medicare is additional, about 3%.
Ms. OTV (The Valley)
Of all the ugly and scary that this administration has brought forth upon the nation nothing has keep me up like the repeal of the ACA. I would be one of the millions who could no longer afford the health care I have, an been paying for, out of my own pocket since I was 18. I own my choices, as a self employed person, and am sure I'm not alone. If watching the stock market tank last week scared you, just wait.
McGloin (Brooklyn)
@Ms. OTV Under Medicare for All, the self employed don't get charged as if they are an insurance pool of one customer. You would save a lot of money and have better care. Unless you are a billionaire your taxes will go up far less than your insurance costs go down.
mrsolanes (spain)
Yes, and at the right time. A rightist court, and the plutocratic government hiring judges as proxies for high incomers, wiping out the safeguards to common people. Marie Antoinette would be happy. Let them eat coronavirus.
gerry (princeton)
Remember 4 judges agreed to take the case. Can you guess who they where ?
Paul Nichols (Albany, NY)
@gerry Goodness, no. That would mean there are Republican and Democrat justices. And none other than Roberts himself has assured us there isn't.
Redeemer (Asheville, NC 28804)
All Congressmen and their staffs receive their health insurance under the Affordable Care Act. Under the ACA in 2013 Congress enrolled in the gold-level Small Business Option (SHOP) Plan to buy health insurance on the DC Exchange, mandated subsidies (about 72%). Under the ACA, 57 different plans are optioned for buyers. With salaries of $174,000, other allowances and benefits, members of Congress enjoy the lowest health insurance in the nation.
Ken Kelly (Montreal)
@Redeemer Prior to the ACA, congressmen and women and members of their staffs were eligible for employer-subsidized insurance from the Federal Employee Health Benefits program (FEHB). The FEHB covers about 9 million people, and includes over 200 different plans. The ACA kicked Congress out of the FEHB, and required them to buy plans through an ACA exchange if they wanted to keep their employer-contribution. I'd be surprised if any of those people think their current choices are as good as they would be if they were still eligible for FEHB coverage.
argus (Pennsylvania)
@Redeemer We should be careful about what we wish for. Nevertheless, when I read comments like yours and otherwise become aware of the benefits Congress bestows on its members and certain other favored persons, I almost wish there were laws prohibiting Congress from exempting its members from requirements the rest of us must meet and from granting its members benefits the rest of us can only dream about. When Congress enacts such laws, I think of the man Luke tells about in chapter 8: "The Pharisee stood and prayed thus with himself, God, I thank thee, that I am not as the rest of men..." Isn't it interesting that Luke writes "prayed...with himself." It makes me wonder whether to this man God might have been in fact merely a trope.
Assay (New York)
This is the most blatant occurrence of racism and bias by republicans and Trump. They are after the ACA because it is not in public interest; they do not want the history to record it Obama’s accomplishment. The country should be ashamed of this.
Milly Durovic (San Diego)
@History Not a bad law.
Hepcize (Kalamazoo, MI)
@History why do you think it’s a bad law?
Canary in the Coal Mine (New Jersey)
@History Please explain why the ACA is "bad law."
Marc Kagan (New York)
This is a good thing for those who want to protect Obamacare and expand it to Medicare-for-All. It puts Trump in the uncomfortable spot of having to argue for its end at the same time as he pretends to protect pre-existing conditions, protection to age 26 and so on. All during election season. Ultimately the only way to preserve and expand is to get rid of Trump, and this case may help enable that prospect.
Mossy (Washington State)
@Marc Kagan I do hope you are right, that the combination of a pandemic and the Republicans once again trying to destroy the ACA will get rid of trump. I have my Democrat candidate selected for the primary but I will ultimately vote blue no matter who in the election. However, sadly, many others who call themselves Democrats or progressives will not. If their favorite candidate doesn’t get the nomination they’d rather see 4 more years of this horrible, incompetent presidency.
McGloin (Brooklyn)
@Marc Kagan If you want to get rid of Trump, embrace Medicare for All. Warren was leading in the polls. Then she watered down her Medicare for All plan, and her popularity dropped by double digits. Bernie knows how to talk to rural voters. Bernie knows that the people care more about healthcare for their children than theoretical questions about socialism versus capitalism (we don't need either, just fair markets.) Democrats have an electoral college problem because rural voters have extra power there. Bernie gets standing ovations from rural Republicans and rural Independents in his healthcare town Halls. The idea that Biden is more "electable" is a centrist fantasy sold to us by corporate mass media, like Bloomberg News. Bernie is electable because he puts American families before corporate profits. Vote your values, not your fears, to win.
Ken (Georgia)
@Mossy No democrat, independent, or moderate republican can afford to sit out this election. Vote blue and only blue. No third parties, and no Repubs in any position. The COUNTRY cannot stand four more unfettered years of trump.
Glen (Sac)
Well, on the positive side if it is repealed we get to find out about the GOP solution they have said they have had for so long(likely block grants that leave states the decision who to leave high and dry)! I never quite understood how reducing the penalty to zero was legal as to me, zero is not a penalty. I wish the IRS would have similar penalties for late or inaccurate filings!
Mike (Syracuse, NY)
@Glen because Congress can choose how it wants to tax it's citizens. When the tax law changed, language was put in that made the penalty $0.
Anne Bouci (Montréal)
I’m not a lawyer, so I won’t opine on whether Obamacare is constitutional. I am, however, a human being. From that perspective, one can certainly argue that access to healthcare is a moral issue. It is unconscionable that so many go without access to health services in a country as « wealthy » as the Unites States of America.
Steve (New York)
I don't know what people are worried about. After all, Trump told us when he ran in 2016 that he had health plan better and cheap than the ACA. He's probably just spent the last 4 years perfecting the plan. And if you think this is funny, imagine how many people still believe it is true that he actually has such a plan and will vote for him again believing it.
J T (New Jersey)
@Steve I don't think anybody believes that and I don't think any of his supporters care. I do think they find it funny, but not in the sense you and I do.
argus (Pennsylvania)
@Steve I suspect that whether Mr Trump has a health care plan is not among the important factors influencing those who will vote for him. The spectre of a Sanders' presidency and a Democratic Congress is more than sufficient to persuade many to vote for Mr Trump, assuming, of course, that he'll be the Republican nominee.
JM (Hastings NY)
@Steve Don't forget - who knew health care was so complicated. All but one.
Ran (NYC)
For anyone who’s still Questioning the consequences of a second term Trump presidency - pay attention.
Pat (Somewhere)
@Ran Maybe in his second term Trump will unveil his big, beautiful health care plan that he promised in 2016. Will he? Tune in next year to find out in our ongoing reality show government!
John (New York)
@Ran None of us can even begin to imagine what will happen if Trump gets a second term, seemingly unchecked by Congress and certainly unchecked by a re-election. Social Security will be cut, ACA will be gone, there will be no more regulations on businesses to protect our environment or the American public from unethical business practices, the quality of public school education will rapidly disintegrate with devastating funding cuts, most likely two, if not more, ultra conservative justices will be seated on the Supreme Court (and throughout the Federal judiciary), and a blatant disregard for our Constitution and the American justice system will continue. I am just getting started but my character count is dwindling. Trump for 4 more years will be devastating, just devastating. -"Anyone but Trump"- 2020
Chickpea (California)
This is the Supreme Court headed by the same Chief “Justice” Roberts who recently presided over a fake trial in the Senate, with no witnesses or evidence and a prejudiced jury, many of which declared ahead of time they would not consider evidence in deciding the case. Roberts has demonstrated to us all exactly how little regard he has for a fair and just process. Expecting anything other that 5 to for political outcomes from this Court is, sadly, a waste of time.
David Gladfelter (Mount Holly, N. J.)
@Chickpea I may disagree with the Chief most days but I still respect him. Justices Gorsuch and Kavanaugh have not yet earned my respect. The Commander in Chief never will.
Chickpea (California)
5 to 4 . Darned.
Chickpea (California)
@David Gladfelter Roberts has led the Supreme Court from an institution of reason and honor, to a rubber stamp for Ferderalist politics. Allowing his position as Chief Justice to be used as a veneer of respectability for a charade of a trial equal to that of any banana republic was only Roberts’ most recent betrayal of justice and our country. The perverse rulings of his Court is actively paving the way from democracy to dictatorship. Hardly a record deserving respect.
Kristian Thyregod (Lausanne, Switzerland)
..., it’s interesting to observe from afar that in a time, when concern and care for your fellow man should be center stage, the United States continues to pursue the potential elimination of a fundamental human right - good health care for all.
JD Athey (Oregon)
@Kristian Thyregod Sorry, NOT the United States, only one of our political parties. Democrats are all for universal health care for all Americans.
Angela Minton (Oklahoma)
Perfect. During this monumental health crisis and a fear that ratchets up every day in this country, we now have to worry that tomorrow President Trump may take away our health insurance. Please STOP Mr. President. I am exhausted!
DCBinNYC (The Big Apple)
Hellbent to thwart any progress and unable to quash it, the GOP argued against the ACA mandate, and now want to throw it into further chaos. Of course no suggested alternatives... Ironic that Mitch's Kentucky is one of the most active users of the ACA. Out of touch, out of office?
Peter (Syracuse)
Roberts knows that the suit before the court is intended to destroy the ACA. He also knows that if his court does, in fact, kill the ACA, his legitimacy will be destroyed along with it and Republicans will be wiped out in the Fall. Oh, and that President Sanders will have no problem passing Medicare for All by the end of March 2021.
Mike (Syracuse, NY)
@Peter Trump was elected, along with the house and senate back in 2016 because people no longer wanted Obamacare.
Dave (Seattle)
@Peter Um, no. A decision would not be made until after the election.
Jeff K (Ypsilanti, MI)
@Mike Wait, wait!....I can't type when I'm laughing this hard...
LFK (VA)
What is wrong with Republicans? And their voters? What kind of people make it their mission to take away health care?
Mike (Syracuse, NY)
@LFK you'll still have healthcare... Just less protections attached to it.
inkspot (Western Mass.)
Not if you don’t have the “marketplace” Obamacare created to help people but low- cost insurance. For others, not without the extension of Medicaid under the same Obamacare. Medicaid, I would point out, that is used by more people in Republican leaning states than in Blue states.
solutiondriven (Connecticut)
@Mike Not true, Mike. Millions of people who bought insurance through the ACA marketplace will no longer be able to afford it, insurers will not have to take pre-existing conditions and young people will opt out. Healthcare before ACA excluded 20 million people from health insurance and regular healthcare. It is naive and dangerous to suggest that America goes back to life pre-ACA, for no good reason.
Les (SW Florida)
Nothing to worry about fellow citizens. The stable genius will reveal his healthcare plan during his second term. He said so.
Charles pack (Red Bank, N.J.)
Time for Medicare for all.
McGloin (Brooklyn)
@Charles pack Yes. Medicare for All is automatically Constitutional because taxing and sending to promote the general Welfare is in the Constitution. ACA is at the mercy of Republicans in the Court because Obama ran away from the Constitution, pretending that he was not taxing and spending, but merely imposing a penalty for not having health insurance. That scheme is not explicitly in the Constitution, so it is difficult to defend. Republicans keep tricklng centrist Democrats into running away from the Constitution. You can't save the Constitution from Trump by running away from it. Everything Bernie wants to do is in the Constitution. Bernie knows you save the Constitution by implementing it. The Left is for the principles ratified by super-majorities in the Constitution. The Right is against those principles. Centrists need to choose a side.
Mike (Syracuse, NY)
With the recent Supreme Court roster changes, I don't see how this law stands past 2021. It's time for Congress to work together on a better solution that can be tweaked every so often. No, I am not talking about 100% socialized medicine, but instead, a system that pays the bills for MAJOR procedures such as an Angioplasty or Cancer treatment, while leaving the responsibility of PCP, Rx pills, and specialist visits to the individual would be less costly to implement than a full blown system where everything is paid for by the taxpayers. Insurance could then be an option for those who wish to use it for PCP and specialist visits. Those who do not pay taxes also shouldn't be covered under any of these health insurance benefits. Why would people who don't contribute into the tax system get to benefit? On the other hand, those who don't want to participate in PCP/Rx/specialist insurance, or who don't pay taxes can no longer have their debt wiped out in bankruptcy... You are stuck with the medical bills like you are with student loans until they are paid off. This will prevent society from paying someone's bills if they choose not to carry insurance.
Jim (Seattle)
You don’t seem to understand the price of prescriptions for many. I had a benign brain tumor 20 years ago and now my prescriptions without coverage for them would be $35,000 per year and rising. I am 41.
Mike (Syracuse, NY)
@Jim do you have health insurance?
Glen (Sac)
@Mike Admittedly there are those that use bankruptcy to avoid debt, for example, many during the last recession when the value of their homes crashed. However, medical bankruptcies are a very different type of thing. A simple trip to an emergency room that requires non-surgical treatment can easily be in the 10's of thousands of dollars. If you have an issue where you need to stay for multiple weeks and need significant medication and post care you are looking at the 100's of thousands. You average American barely has any disposable income to start with so the idea they can ever pay that makes no sense. The whole reason most states went to insurance models instead of fee for service was it was much cheaper and provided preventive care. One way to fund it would be to simply have people who get insurance premiums from their employer to be taxed on that amount. That would level the playing field and drive costs down as well.
MAW (New York)
Here we go again. This time it's for keeps. If the openly partisan right wing of the SCOTUS ends the ACA, the GOP cannot EVER claim that it is the party of pro life, not that it will matter to them. Life does not matter to them. Only money and power matter. The ceaseless assault on the ACA by the GOP makes me sick with disgust.
FXQ (Cincinnati)
@MAW Why we allow ourselves to be jerked around by this issue time and time again is infuriating. We are the ones who should be telling our representatives that we want single payer healthcare and if they have a problem with that, then take a hike.
Pat (Somewhere)
@MAW Exactly correct. But can Democrats communicate effectively what this will mean for many people? They certainly didn't when the ACA was initially proposed and the GOP was screaming nonsense about socialism and death panels.
Coots (Earth)
@MAW They're never been "pro-life". They're anti-choice.
cretino (NYC)
WHAT is at stake? Primarily pre-existing conditions (and other protections). WHO is trying to kill it: The case was brought by Republican state officials... The Trump administration sided with the state officials... WHO is lying about it: @realDonaldTrump Jan 13, 2020 ....and, if Republicans win in court and take back the House of Represenatives, your healthcare, that I have now brought to the best place in many years, will become the best ever, by far. I will always protect your Pre-Existing Conditions, the Dems will not! Vote R - against your best interests, trust me.
PK (New York)
Health insurance has been impossible to navigate without turning over so much of your earnings as a small business with deductibles that meant no claims for health services repaid. Then came Obamacare and a couple of years of good insurance so naturally the Republican Party and their selected court judges will overturn it. Wouldn't want the US to actually be concerned for the health of its citizens when there is an opportunity to help the rich get richer.
Mike (Syracuse, NY)
@PK Obamacare has crushed small businesses. Small businesses feel the pinch when paying for the types of plans offered. I'm surprised to see you stick up for the plan as a small business owner.
Mike (California)
Small businesses shouldn't be in the health care insurance business. Single payer now. Get it?
pbilsky (Manchester Center, VT)
@Mike Crushed small businesses? Sounds like conjecture. Prove it. PB