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US Supreme Court Chief Justice John Roberts and Judge Brett Kavanaugh realized on Tuesday that it is not for the court to repeal the extensive health legislation passed a decade ago – known as Obamacare – “although some of the clauses [da legislação] considered unconstitutional, ”reports the CNN website.
This position of the President of the Supreme Court of the United States and Judge Kavanaugh represents a victory for the fundamental principles of Obamacare, which thus faces the third and final ballot of the Supreme Court.
It is recalled that the health legislation passed during Barack Obama’s mandate has been the subject of constant attacks and criticisms from the still president Donald Trump, who wants the US Supreme Court to repeal Obamacare. Trump has the backing of several Republican states in this claim, which will question millions of Americans’ access to health care.
Five judges appear to be opposed to the repeal
“At least five Supreme Court justices, including two members of their conservative majority, indicated on Tuesday that they will vote against repealing the latest ‘exam'” to the health law known as Obamacare, writes The New York Times, recalling that remembering legislation has been a goal of several Republican states and the Donald Trump administration.
Everything indicates that this health legislation, one of the greatest legacies of Barack Obama’s presidency, will survive this latest review by the Supreme Court of the United States of America. However, it is still unclear whether the Supreme Court will maintain or revoke the so-called “individual mandate”, which suffered a major amputation in 2017: “It seems clear enough that the appropriate solution will be to cut the mandate clause and leave the rest of the applicable law, ”Judge Brett M. Kavanaugh said, according to the New York Times.
This newspaper also reports that Supreme Court Chief Justice, “John G. Roberts Jr., made a similar remark” to Judge Kavanaugh’s when he stated that “Congress left the rest of the law intact when it reduced the penalty [ausência seguro] to zero, “he said.
The three judges of the so-called Democratic wing of the Supreme Court – Stephen G. Breyer, Sonia Sotomayor and Elena Kagan – were also in favor of keeping Obamacare.
Amey Coney Barrett, the great unknown
Therefore, the law has at least five votes to uphold it and, in principle, will have votes against three judges of the “conservative majority” of the Supreme Court: Clarence Thomas, Samuel Alito Jr. and Neil Gorsuch. It is recalled that Judge Amy Coney Barrett, the last member of the Supreme Court, was appointed by Donald Trump, as well as his colleagues Neil Gorsuch and Brett Kavanaugh and Amy Coney Barrett.
These three magistrates are decisive in deciding the future of health law. Amy Coney Barrett, before assuming the post of chief judge, criticized the president of this court, John Roberts, for defending Obamacare. However, he never gave any indication of the direction of his vote during the hearings held in October.
The final decision on Obamacare’s future is not expected to be known until June 2021, the NYT writes.
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