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President Barack Obama’s health care reforms are more likely to survive the current attack on the US Supreme Court.
Judge Brett Kavanaugh (left) was brought to the Supreme Court by Trump in 2018.
Photo: Susan Walsh (AP / Keystone)
In a hearing on Tuesday, two prominent conservative Supreme Court judges were convinced that “Obamacare” will remain in its current form. The votes of John Roberts and Brett Kavanaugh, along with those of the three liberal judges, would form the majority in court. A Supreme Court ruling is not expected until next year.
Republicans have tried to have health reform declared completely unconstitutional. They started with a previous Supreme Court decision in 2012. At the time, the requirement to take out health insurance or pay a fine was disputed. The Supreme Court left the clause in effect classifying it as a tax. The then Republican-controlled Congress therefore reduced the sentence to zero. On this basis, they now argue in court that it is no longer a tax because there is no longer any income. And they point out that without the clause the whole law is void.
Liberal Supreme Court judges see it differently. The Kavanaugh brought to court by US President Donald Trump on Tuesday also adopted this position. It was “pretty clear” that we could look into the clause separately and leave the rest of the law in place, he said during the approximately two-hour hearing. Roberts also pointed out that Congress had left the rest of the law intact.
Access for around 20 million people
“Obamacare” has given some 20 million Americans new access to health insurance, while taxes have increased in some cases. Another key point is that people can no longer be denied insurance due to previous illnesses. Trump has supported the reform for years and has openly expressed hope that it would be overturned by the Supreme Court. Shortly before the election, he guaranteed continued protection for Americans with previous illnesses with a presidential decree, but that would have less legal effect than a law.
Tuesday’s trial also marked the first appearance of newly appointed judge Amy Coney Barrett. He had previously criticized the Supreme Court’s reasoning in previous “Obamacare” decisions.
Kamala Harris announces resistance
American Vice President-elect Kamala Harris has announced that he will prevent further initiatives by the former US government on health policy. The Republican legal push against Barack Obama’s health care reform is a “blatant attempt to reverse the will of the people,” Harris said Tuesday, adding, “The President-elect (Joe Biden) and I cannot allow it.”
Before Biden’s speech on health policy, Harris said he clearly won the election a week ago. “Every vote for Joe Biden was a declaration that healthcare in America should be a right, not a privilege.” The law for affordable healthcare for all should not be overturned.
Biden: Abolition would be cruel
Joe Biden criticized Trump’s efforts to abolish “Obamacare” health care reform as cruel. That could mean that more than 20 million people could lose their access to health insurance due to a pandemic, Biden pointed out Tuesday.
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