The Friday Five – SCOTUS Upholds ACA
Last week, the Supreme Court ruled to leave the #AffordableCareAct in place. This decision will uphold health care coverage for millions of Americans. Justice Stephen Breyer wrote the decision that was 7-2. Justices Samuel Alito and Neil Gorsuch dissented. Former President Barack Obama signed this legislation into law in 2010 and this is the third time it has been challenged before the Supreme Court. “Neither the individual nor the state plaintiffs have shown that the injury they will suffer or have suffered is ‘fairly traceable’ to the ‘allegedly unlawful conduct’ of which they complain,” Justice Breyer wrote. This week’s Friday Five focuses on the decision, government responses, industry responses, expert commentary, and public opinion surrounding The Affordable Care Act.
The Decision
CNN Reports SCOTUS Rules to keep Obamacare in Place
“For these reasons, we conclude that the plaintiffs in this suit failed to show a concrete, particularized injury fairly traceable to the defendants’ conduct in enforcing the specific statutory provision they attack as unconstitutional,” Breyer wrote. Read the full article here.
New York Times Reports Affordable Care Act Survives Latest Supreme Court Challenge
The Affordable Care Act on Thursday survived a third major challenge as the Supreme Court, on a 7-to-2 vote, turned aside the latest effort by Republicans to kill the health care law. Read the full article here.
CNBC Reports Obamacare survives after Supreme Court rejects latest Republican challenge
The court reversed an appeals court ruling that had struck down the law’s individual mandate provision. Chief Justice John Roberts and fellow conservative Justices Clarence Thomas, Brett Kavanaugh and Amy Coney Barrett joined Justice Stephen Breyer’s opinion, as did Sonia Sotomayor and Elena Kagan. Read the full article here.
Government Responses
Statement by HHS Secretary Xavier Becerra
“Once again, the Supreme Court has made clear that the landmark Affordable Care Act is the law of the land. Today’s ruling is a victory for all Americans, especially people with a pre-existing condition or anyone who was worried they could be forced to choose between their health and making ends meet. Health care should be a right — not a privilege just for the healthy and wealthy.” Read the full statement.
Industry Responses
American Medical Association’s President Gerald E. Harmon
“Today’s decision by the U.S. Supreme Court is a victory for patients and for the gains in health care coverage achieved through the Affordable Care Act,” said AMA President Gerald E. Harmon, MD. “The AMA is pleased that the high court rejected the challenge to the ACA, thereby upholding critical patient protections that are improving the lives and health of millions of Americans, particularly amid a global pandemic.” Read the full statement
American Hospital Association’s President and CEO Rick Pollack
The more than 30 million Americans who secured health insurance under the Affordable Care Act can again breathe a sigh of relief. Read the full statement.
American Nurses Association’s President Ernest Grant
“While ANA applauds this ruling, it does not mean a similar lawsuit cannot overturn the ACA from a plaintiff with standing. We call on the Administration to build on the ACA to improve access to health care coverage. We will continue our decade long support of the ACA,” said ANA President Ernest J. Grant, PhD, RN, FAAN. Read the full statement.
To Read
Stanford’s Michelle Mello and David Studdert on SCOTUS ACA Decision
Stanford Law School health law experts Michelle Mello and David Studdert discuss California v. Texas, the role of the ACA during the COVID-19 pandemic, and how the law might be strengthened during the Biden administration.
3 Legal Experts on What the Obamacare Ruling Really Means
The New York Times reports: The court sidestepped the larger issue in the case, whether the 2010 health care law can stand without a provision that required most Americans to obtain insurance or pay a penalty.
The National Law Review: The Affordable Care Act Survives Supreme Court Challenge: What Happens Next?
As described in our Triage podcast episode here, the Supreme Court heard oral arguments in California v. Texas last year regarding the constitutionality of the ACA. At issue was whether the ACA’s individual mandate to maintain health insurance was beyond Congress’ powers given that it no longer raises tax revenues and, if so, whether other parts of the law would need to be struck down along with the mandate. For the full article read here.
Public Opinion
Here’s what people are saying about the #ACA decision and for more public opinions on twitter check out ACA Sentiment Tracker from @HealthCareInc.
Today, the Supreme Court upheld the Affordable Care Act. Again. This ruling reaffirms what we have long known to be true: the Affordable Care Act is here to stay.
— Barack Obama (@BarackObama) June 17, 2021
These 18 states were plaintiffs in the #ACA– maybe now they can try to increase #COVIDVaccination rates.
TEXAS
WISCONSIN
ALABAMA
ARKANSAS
ARIZONA
FLORIDA
GEORGIA
INDIANA
KANSAS
LOUISIANA
MISSISSIPPI
MISSOURI
NEBRASKA
N DAKOTA
S CAROLINA
S DAKOTA
TENNESSEE
UTAH
W VIRGINIA— Kavita Patel M.D. (@kavitapmd) June 17, 2021
Today @SCOTUS upheld the ACA against another attempted backdoor repeal brought by Republican Attorney Generals. We are grateful that today’s decision will not kick 23 million Americans off their insurance. #ACA
— American Constitution Society (@acslaw) June 17, 2021
Last week, millions of people who rely on the #ACA let out a sigh of relief. Next, we must make the enhanced subsidies in the ARP permanent, expand #Medicaid to all 50 states, and continue to provide affordable, comprehensive coverage to all. pic.twitter.com/qk5uJiIgHm
— Young Invincibles (@YoungInvincible) June 24, 2021
ICYMI – Our other Friday Fives and Blog posts from HCNR’s Nurse Lauren.
