Thursday, June 17, 2021

Supremes Duck Latest Challenge to Affordable Care Act

In a 7-2 ruling penned by Justice Stephen Breyer, the United States has rejected a challenge to the Affordable Care Act, aka Obamacare, brought by 18 Republican states. You can read the opinion here. Justice Clarence Thomas concurred, while Justices Samuel Alito and Neil Gorsuch dissented. 

What killed this challenge was the Court's conclusion that the challenging states lacked standing. It declined to rule on the merits of the challenge. "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," noted Breyer.

In his dissent, Justice Alito grouses this "is the third installment in our epic Affordable Care Act trilogy, and it follows the same pattern as installments one and two. In all three episodes, with the Affordable Care Act facing a serious threat, the Court has pulled off an improbable rescue."

Interestingly, Trump appointees Brett Kavanaugh and Amy Coney Barrett sided with the majority. 

16 comments:

Anonymous said...

This act has really hurt a lot middle class people with very high rates and high deductibles--and the government will do nothing about it.

LVCI said...

June 17, 2021 at 11:22 AM Anonymous said... This act has really hurt a lot middle class people...
And they could do better with private healthcare insurance?
I think not!

Anonymous said...

Hey 11:22, then why didn't the Republicans repeal it (after many promises to do so) when they controlled both houses of Congress and the presidency? That's because they had nothing better, despite Trump's bluster, including letting the insurance companies prey upon us as they did before the ACA.

Anonymous said...

@ 11:22

We need Socialize Medicine.
If the rich top 5% pay their fair share of taxes, and the IRS collected everything that it should then the plan would pay for itself.
Screw private healthcare insurance.

Anonymous said...

The GOP wouldn't repeal the ACA because they were afraid of the political consequences of suddenly cancelling the health insurance of so many. Cowards!

Anonymous said...

Because they have FREE HC unlike us peasants they are to serve.

Anonymous said...

And wait a year for a study and maybe die in the meantime. Know what your talking about before asking for something that will have a major impact on health care. The quality of care would be greatly diminished and you will wait even longer for specialists and high level diagnostics. Healthcare costs money that's just the way it is.

Anonymous said...

Lack of standing is the same thing that sunk most of the ridiculous lawsuits Republicans filed over the election. The ACA gave me affordable and excellent health insurance - thanks Obama! Biden has made short term improvements to extend coverage to people who were unable to take advantage of it, changes the GOP has refused to make for years. They should stop obstructing and get with the program. More people healthier and happier is good for America.

Anonymous said...

I have been a foster mom for 30 years. Every foster child receives Medicare as their health insurance. Never once have they been denied medical treatment or had to wait "a year for a study and maybe die in the meantime". Perhaps you should know what you're talking about.

Anonymous said...

Then the republicans that pushed the lawsuit will then unveil their replacement for Obamacares?
Mr trump claimed to have a great plan that would be the best ever.
So where is it?

Anonymous said...

Don't worry. Isn't Trump going to be back in the White House by Aug.?

Anonymous said...

God bless you for being a foster mom. Fortunately children mostly done have life threatening illness like seen in the elderly or middle age. Get a cancer diagnosis and see the wait. Wait two months for a CT scan or mri. I'm glad you have had good luck but I have been in healthcare for almost forty years and have seen the wait times rise. Canada comes here for studies that otherwise they wait one year for

LVCI said...

June 18, 2021 at 10:30 PM Anonymous said... "Get a cancer diagnosis and see the wait. Wait two months for a CT scan or mri.

I can't speak for others but the first year pulmonary diagnosed me with COPD they called downstairs and I got my first CT scans within 20 minutes. Each year for 6 years in a row when I revisit they do several angel CT scans of my lungs and it's always been within three weeks each time. On my first visit to numerology the physician's office scheduled a MRI for me within 30 days. I don't know where you work or what part of the country you live but this has not been my experience. Not even once.

Wonder if could be issues over insurance payment hesitancy or in certain areas of this country. This most certainly is not the case with my Medicare which cost a fraction of what they'd bill private insurers.

LVCI said...

BTW: My daughter is a Critical care nurse married to an oncologist. Neither said they've have seen the problems you described around here.

Anonymous said...

9.33
Well the "pillow guy" former crack addict says it will happen.

Anonymous said...

Especially seen with medicaid