There was a point several years ago when the Affordable Care Act was not popular, and Democrats were conditioned to avoid “Obamacare.” That period has passed.
Accepting his party’s presidential nomination last night, Joe Biden twice referenced the landmark health care law by name, and warned voters about what Donald Trump and his Republican Party have in mind: “[T]he assault on the Affordable Care Act will continue until its destroyed, taking insurance away from more than 20 million people — including more than 15 million people on Medicaid — and getting rid of the protections that President Obama and I passed for people who suffer from a pre-existing condition.”
The comments came just one day after the Supreme Court made some news on this front.
The U.S. Supreme Court will hear oral argument on the future of Obamacare on Nov. 10 — a week after the presidential election — the court announced Wednesday. The case will determine whether the Affordable Care Act that provides millions of Americans with health insurance can continue to be enforced. By scheduling the case after Election Day, the court will prevent the argument, likely to be conducted by telephone conference call, from becoming fodder for campaign ads.
For those who may need a refresher, at issue is a lawsuit from state Republican officials — with the enthusiastic support of the Trump administration — who are arguing that the ACA must be torn down altogether because Congress gutted the ACA’s individual mandate in late 2017. By Republicans’ reasoning, this provision was so integral to the reform law that the nation’s health care system can’t function without it.
Their argument, of course, is belied by the fact that the Affordable Care Act appears to be working just fine, even after federal GOP lawmakers effectively scrapped the relevant tax provision more than two years ago.
Nevertheless, Republicans persuaded a far-right judge in Texas to go along with the scheme. The week before Christmas in 2018, U.S. District Judge Reed O’Connor — a Bush-appointed jurist in Texas — agreed to strike down the entirety of the Affordable Care Act, root and branch.
Even many conservatives and ACA critics agreed that the ruling was indefensible. Reactions tended to include words and phrases such as “pretty bananas,” “embarrassingly bad,” and “absurd.”
The hope among health care advocates was that the 5th Circuit would hear the appeal, overturn the nonsensical district court ruling, and the matter would be put to rest. That’s not what happened: late last year, a three-judge appellate panel — one nominated by Donald Trump, the other by George W. Bush — ruled that if the tax is zero, the ACA’s individual mandate becomes unconstitutional. They then sent the case back to the lower court.









