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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsLaurence Tribe thinks the ACA may not survive legal challenges to come
and yes, I think his opinion is a very important one.
Obamacare could take another spin in front of the Supreme Court with vastly uncertain consequences.
Harvard legal scholar Laurence H. Tribe warned Tuesday of a very high risk that a crucial aspect of Obamacare its government subsidies provision could fall victim to a major legal challenge being mounted by conservatives. That is why, he also said, that the Supreme Court will almost certainly get a second bite of the apple in determining the fate of President Obamas signature health law, with uncertain consequences.
Tribe, 72, a prominent proponent of the Affordable Care Act who taught both Obama and Supreme Court Chief Justice John Roberts as constitutional law students at Harvard Law School years ago warned of the ACAs prospects for surviving intact during an exclusive, hour-long interview in New York with editors of The Fiscal Times.
As early as this week, a three-judge panel of the U.S. Court of Appeals in Washington, D.C. may rule on a suit claiming that only those people who signed up for coverage through the 14-state insurance marketplaces are entitled to receive subsidies. Halbig vs. Burwell argues the subsidies cant be provided to people in states that signed up for the 36 federal exchanges.
It looks like the panel is quite divided over what to do with what might [have been] an inadvertent error in the legislation or might have been quite deliberate, Tribe said. But its very specific that only people that go onto a state exchange are eligible for the subsidies. And if that becomes the ultimate holding of the U.S. Supreme Court, where this is likely to end up thats going to have massive practical implications for the administrability of Obamacare.
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https://news.yahoo.com/why-obamacare-know-may-not-100000149.html
onethatcares
(16,133 posts)folks that now have insurance lose it. then what?
glowing
(12,233 posts)sendero
(28,552 posts).... the best way to get to single payer is for some idiot judge to kill the ACA. Make my day.
procon
(15,805 posts)From the very beginning, a single payer federal program like Medicare has been the only logical solution.
CTyankee
(63,771 posts)does anyone know what the rationale for keeping Medicare was?
I think it universal health care was put to the people as Medicare for all, it would have greater acceptance, especially since the ACA itself turned out to be so popular after all the screaming from the RW that people would hate it.
You wanna get people riled up, try being the party that wants to take away something the public desperately cares about! THEN, there will be holy hell to pay. It would be just desserts for the republican party...
GeorgeGist
(25,294 posts)how smart the average American is. I expect the Republicans will claim victory and move on to further mischief.
Swede Atlanta
(3,596 posts)Only the states that really embraced the idea of the ACA and the marketplaces established their own state-run exchanges. The federal exchange was put in place as a stop-gap for those states that were having problems getting their own exchanges up and running (e.g. Oregon) or who refused to do so (almost every red state out there).
Now in those red states if the subsidies go away the state is not going to do anything. If the elected officials in those states didn't feel any political need to create an exchange that isn't going to change simply because some people who had been able to afford insurance under the federal exchange with subsidies can no longer do so.
There would have to be sufficient political pressure in those states to make the change. It is more likely you would get people to act locally in the states and get their state to establish an exchange than get House and/or Senate members to do something in Washington.
And even if say 10% of the electorate lost their insurance as a result of such a ruling, what % of that 10% would show up at polls to put political pressure on the state officials?
It is a zero sum game folks.
VanillaRhapsody
(21,115 posts)America says no.....