Saturday, 20 July, 2019

Affordable Care Act: US court to weigh its constitutionality

Trenise Bryant joins a rally for the Affordable Care Act in Miami Florida on Aug. 3 2017 Trenise Bryant joins a rally for the Affordable Care Act in Miami Florida on Aug. 3 2017. Joe Raedle—Getty Images
Samantha Long | 10 July, 2019, 08:09

"This is the silver bullet that's going to undo the ACA?'" she asked.

"Now, I've gone back to being terrified again".

O'Connor had agreed with the plaintiff states that the law was nullified in its entirety when Congress zeroed-out tax penalties for the individual mandate in 2017.

Appeals Court judges in New Orleans are scheduled to hear arguments Tuesday in Texas v. US after a lower court ruled the ACA, known as Obamacare, unconstitutional.

But fresh tremors about the ACA's future reverberated in December when U.S. District Judge Reed O'Connor ruled against the entire statute in a lawsuit that even some of the law's critics regarded as legally weak. The law's supporters appealed.

Schumer and Pelosi were joined by Senate and House Democrats, each holding a poster depicting the face of an American affected by a pre-existing condition. Texas' long-sought outcome would trigger a frenzied rush toward a replacement plan that has yet to materialize during the better part of a decade. "This is totally irresponsible".

Trump is pinning his hopes on the court striking down the law, allowing him to fulfill his campaign promise to repeal it, but congressional Republicans are keeping their distance since it gives Democrats fodder to attack the GOP for not protecting those with pre-existing conditions - a hallmark of the landmark health reform law. He declined to comment specifically on the lawsuit while it's playing out, citing policy not to comment on active litigation.

Capitol Hill Democrats are highlighting the real-life stakes in the case, saying up to 20 million Americans could lose coverage and millions more would be locked out of the marketplace if the state Republicans get their way.

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Toomey said he would support a speedy resolution to the pre-existing conditions issue should the need arise. Whichever way it rules, the decision could prompt an appeal to the U.S. Supreme Court, potentially setting up a major legal battle over healthcare for tens of millions of Americans in the midst of the 2020 U.S. presidential election.

"Our argument is simple", Becerra said in a written statement released Friday.

The judges focused on whether Obamacare lost its legal justification after Trump in 2017 signed a law that eliminated a tax penalty used to enforce the law's mandate that all Americans buy health insurance.

Such an outcome would eliminate insurance protections for tens of millions of people and mark one of the most dramatic turns in the almost decadelong legal fight over the law. By 2026, the increase is expected to climb to 50 percent following the elimination of the Medicaid expansion. "Health care is essential". On the other side, conservative groups proclaimed that an end to the ACA would usher in a new era of more-affordable insurance and greater choice of health plans.

"It's created to lay down the marker for protections for Americans with pre-existing conditions", he said, "and serve as a temporary stop gap in the event the ACA is overturned by the courts". "Most people in this state don't even know this lawsuit is underway, quite frankly".

The Utah Attorney General's Office said executive and legislative leaders are "united" in this effort.

The judges questioned whether Obamacare could be invalidated only in the 18 states that brought the lawsuit, while remaining valid in the rest of the country.

A three-judge panel of the 5th US Circuit Court of Appeals in New Orleans, Louisiana, including two judges appointed by Republican presidents and one by a Democrat, will take up a ruling by a federal judge in Texas previous year that said the entire ACA was unconstitutional.

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