SCOTUS Upholds Obamacare for third time - "BFD"

6/17/21
from The Gray Area:
6/17/21:

The net, net of the Supreme Court's decision today to dismiss the case against Obamacare, and for the 3rd time to let it stand, is this: Justice Stephen Breyer wrote, for the 7-2 decision, in an opinion for the court that the justices did not “reach these questions of the [ACA’s] validity,” but ruled Texas and the other GOP states “lack the standing necessary to raise them.” Breyer said the states lacked standing because since there’s no longer a penalty for not following the individual mandate, the statute is “unenforceable,” and “there is no one, and nothing” for the plaintiffs “to enjoin” and sue. Certainly, the loss of the individual mandate eliminated the obvious 'penalty' associated with the ACA. That, along with the 'lack of standing' determination, like with the 2020 Election challenges, leaves the Constitutional issues associated with the government being able to force Americans to buy health insurance without debate. FoxNews reported, Justice Samuel Alito, in a dissent joined by Justice Neil Gorsuch, railed against the majority’s decision in what he called “the third installment in our epic Affordable Care Act trilogy[.]” Alito asserted that, like in previous ObamaCare cases, the court stretched to find a way to keep the law in place. “No one can fail to be impressed by the lengths to which this Court has been willing to go to defend the ACA against all threats,” Alito wrote. “A penalty is a tax. The United States is a State. And 18 States who bear costly burdens under the ACA cannot even get a foot in the door to raise a constitutional challenge. So a tax that does not tax is allowed to stand and support one of the biggest Government programs in our Nation’s history. Fans of judicial inventiveness will applaud once again.President Biden tweeted, "With millions of people relying on the Affordable Care Act for coverage, it remains, as ever, a BFD. And it’s here to stay”. According to The Wall Street Journal, About 31 million people have coverage because of the ACA, according to the Biden administration. That includes about 11.3 million people who have plans purchased on the ACA exchange and 14.8 million who have obtained coverage under the law’s expansion of Medicaid. NPR states that many of the provisions of the ACA are now taken for granted. Up to 135 million people are covered by the ban on discrimination against those with preexisting conditions. According to Forbes, 54%. That’s the percentage of U.S. adults who viewed the ACA favorably as of February, according to a Kaiser Family Foundation poll. ... Census data in 2019 showed the number of Americans purchasing healthcare remained mostly steady after the mandate was eliminated, despite projections that eliminating the mandate would sharply increase the number of uninsured Americans. ... Democrats made it a central issue during Justice Amy Coney Barrett’s confirmation hearing, believing her appointment and the court’s new 6-3 conservative tilt would result in the law being overturned. “Health care coverage for millions of Americans is at stake,” Sen. Diane Feinstein, then the ranking member on the Senate Judiciary Committee, said at the hearing. Clearly the majority of the 'conservative' justices were not swayed by politics as is often alleged by the left & the media, 'without evidence', I might add.



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