Republicans are still trying to steal your health insurance – The Week
Sign Up for
Our free email newsletters
Republicans failed to repeal ObamaCare in 2017 by a single vote in the Senate. But they are still trying to drive a stake through its heart in secret using yet another tendentious legal Calvinball case to try to get the courts to strike it down as unconstitutional.
With a recent decision from the 5th Circuit Court of Appeals, there are some signs that it might actually happen. As the 2020 election campaign picks up, it's worth remembering that the Republican Party is dead set on taking millions of Americans' health insurance away, or failing that, making it as expensive and terrible as possible, by any means they can dream up.
First, the legal background. The suit is Texas vs. United States, filed by a number of right-wing state attorneys general. It is very obviously a backfilled pretext trying to get through judicial activism what the Republican Congress could not pass. Here's how the logic goes. Back in 2012, the Supreme Court ruled that ObamaCare could stand in part by reinterpreting its individual mandate to buy insurance as a tax. Then, in 2017, Congress passed a tax cut for the rich that also got rid of the individual mandate tax leaving a legal requirement with no teeth.
So the suit argues the mandate must be struck down since you can't have a tax that collects no money and because, when Congress was designing ObamaCare, most agreed that the individual mandate was a key part of the law, the whole thing needs to go. (The Trump administration has also refused to defend the law.)
As Slate's Dahlia Lithwick and Mark Joseph Stern explain, on the legal merits this argument is absolutely preposterous. The suit argues that Congress repealed ObamaCare in secret with the 2017 tax bill despite voting against an explicit repeal that very same year. And when Congress was designing the ACA, they included the individual mandate because all the liberal wonks agreed you needed one to stave off the dreaded cost death spiral within the ObamaCare exchanges. The Supreme Court has previously held that a law can stand with an unconstitutional portion removed so long as it is "fully operative" without it and not only does it turn out that you don't actually need the individual mandate to keep the exchanges functioning, there are tons of parts of ObamaCare that have nothing to do with the mandate or exchanges at all, like the Medicaid expansion or allowing children to stay on their parents' insurance until age 26.
Like the Halbig v. Burwell case from years ago, this is a "Monty Python-esque exercise in extreme tendentiousness" from bug-eyed Federalist Society crackpots. If it weren't this it would be something else, like maybe arguing ObamaCare is unconstitutional because it enslaves doctors, thus violating the 13th Amendment. The only problem would be the legal team huffing just enough paint thinner so that they could make the argument with a straight face before the bench.
And yet, the notoriously reactionary 5th Circuit basically accepted this argument in a ruling from earlier this month. They ruled that the mandate is unconstitutional, but remanded the question of whether the whole law should therefore be thrown out back to the lower court. There very likely won't be a final decision before the 2020 election which is almost certainly a political move. The partisan Republican hacks President Trump has been stuffing onto the federal bench obviously don't want to blow up his chances of reelection. If millions of people are going to lose their insurance via conservative judicial rule-by-decree, best not to do it during an election year when your party is the presidential incumbent.
But make no mistake, ObamaCare is still very much on the ballot in 2020. If Trump wins reelection, he will very likely be able to replace Ruth Bader Ginsberg on the Supreme Court, and that will almost certainly spell doom for the law (with this lawsuit or another one). If that happens, something like 20 million people will lose their insurance immediately as Medicaid is drastically rolled back, the exchanges are shut down, and anybody between 18 and 25 who is still on their parents' coverage is kicked off. Protections for people with preexisting conditions would be removed, and private insurers could once again place annual and lifetime coverage limits on their policies.
The slow-motion collapse of the private health insurance system would accelerate as well, as cost-control policies designed to slow the cancerous cost bloat that is eating the American economy from the inside would be deleted. More broadly, there would be spectacular chaos within the health care system, which was totally overhauled to accommodate ObamaCare changes and this time there will be no guiding hand from Congress.
So while there is a never-ending parade of war crimes, corruption, and general insanity from the Trump regime to distract us, let's not forget that Republicans are also gunning for your health insurance. If they can't take it away, by God they'll make it as crummy and expensive as possible.
See more here:
Republicans are still trying to steal your health insurance - The Week
- Can Trump handle the new Republican factions? - Financial Times - January 22nd, 2025 [January 22nd, 2025]
- Column: I watched Trump's inauguration with a Democrat and a Republican. Here's what they saw - Los Angeles Times - January 22nd, 2025 [January 22nd, 2025]
- Scott Bottoms, Republican state representative, will run for Colorado governor in 2026 - The Colorado Sun - January 22nd, 2025 [January 22nd, 2025]
- Inside The Farce Of Swaying Republican Senators On Trumps Nominees - TPM - January 22nd, 2025 [January 22nd, 2025]
- Congress moving more slowly than Trump on Republican agenda - Semafor - January 22nd, 2025 [January 22nd, 2025]
- Republican Lawmaker Calls for Bishop to Be Deported for Telling Trump to Have 'Mercy' on Scared Children - LatinTimes - January 22nd, 2025 [January 22nd, 2025]
- Republican Senators find their spines hiding behind a brave woman - Boing Boing - January 22nd, 2025 [January 22nd, 2025]
- Idaho Republican Party says it needs help paying its rent for Boise HQ - Idaho Capital Sun - January 19th, 2025 [January 19th, 2025]
- As Trump takes office again, he has even more sway over the Republican Party - NPR - January 19th, 2025 [January 19th, 2025]
- The Battle over Veterans Health Care: How the Republican Majority Hopes to Reshape the VA - Military.com - January 19th, 2025 [January 19th, 2025]
- Sheriffs are going to be emboldened: Republican sheriffs are raring to implement Trumps deportation plans. - POLITICO - January 19th, 2025 [January 19th, 2025]
- The Battle Over Veterans Health Care: How the Republican Majority Hopes to Reshape VA - The War Horse - January 19th, 2025 [January 19th, 2025]
- Ten US Senate Democrats help advance Republican bill on migrants accused of theft - Reuters - January 19th, 2025 [January 19th, 2025]
- Republican SNAP Proposals Could Take Food Away From Millions of Low-Income Individuals and Families - Center on Budget and Policy Priorities - January 19th, 2025 [January 19th, 2025]
- Republican infighting flares after Burrows elected speaker - The Texas Tribune - January 19th, 2025 [January 19th, 2025]
- Republican states can move ahead with abortion pill lawsuit in Texas - Reuters - January 19th, 2025 [January 19th, 2025]
- Republican Governance Group wants to live up to its name - Roll Call - January 19th, 2025 [January 19th, 2025]
- Cuomo on the Ballot? Adams as a Republican? Candidates Have Limited Options and Little Time - THE CITY - January 19th, 2025 [January 19th, 2025]
- Lancaster County Republican suggests issues Trump should include in his inaugural address [column] - LNP | LancasterOnline - January 19th, 2025 [January 19th, 2025]
- Porn case in the Supreme Court this week is about protecting children, says Republican AG - Fox News - January 19th, 2025 [January 19th, 2025]
- Fox News Host Presses Republican on Trump Plan'Is This Really Realistic?' - Newsweek - January 6th, 2025 [January 6th, 2025]
- Just before Trump takes office, Meta is replacing its top policy exec with a prominent Republican - CNN - January 6th, 2025 [January 6th, 2025]
- Connolly Statement on Republican Rules Package for the 119th Congress - Gerry Connolly - January 6th, 2025 [January 6th, 2025]
- Altria donation pushes Republican Party of Kentucky headquarters building fund to $3.65 million - User-generated content - January 6th, 2025 [January 6th, 2025]
- 'Is it realistic to deport everybody?' Top Senate Republican on Donald Trump's mass deportation promises - USA TODAY - January 6th, 2025 [January 6th, 2025]
- Meta's Nick Clegg to step down, will be replaced by well-connected Republican - Axios - January 6th, 2025 [January 6th, 2025]
- Meta Taps Republican as New Head of Global Policy - The Wall Street Journal - January 6th, 2025 [January 6th, 2025]
- GRI Action Workshop # 7: The Republican Agenda What It Is, Where It Came From, How We Can Serve the Common Good - Redheaded Blackbelt - January 6th, 2025 [January 6th, 2025]
- Adam Kinzinger Brutally Sums Up The 'Entire' Republican Party With Just 1 Acronym - HuffPost - January 6th, 2025 [January 6th, 2025]
- Another Democratic state lawmaker in Florida is joining the Republican party - The Associated Press - January 6th, 2025 [January 6th, 2025]
- Republican Allegedly Refusing To Lower Flags to Half-Staff Sparks Anger - Newsweek - January 6th, 2025 [January 6th, 2025]
- Mike Johnson Elected House Speaker After Republican Holdouts Change Their Votes in the First Round - PEOPLE - January 6th, 2025 [January 6th, 2025]
- Dave McCormick sworn into office, poised to build on Trump-led Republican agenda - Pittsburgh Post-Gazette - January 6th, 2025 [January 6th, 2025]
- Republican senator reveals the best way US can 'counter terrorism' - Fox News - January 6th, 2025 [January 6th, 2025]
- Family of Rep. Kay Granger Reveals She Has Dementia; Texas Republican Has Missed Every Vote Since July - Democracy Now! - December 25th, 2024 [December 25th, 2024]
- GOP Spending Rebellion Is Ominous Sign for Trumps All-Republican Government - The Wall Street Journal - December 25th, 2024 [December 25th, 2024]
- What we know about the 2024 Democratic and Republican parties: An analysis of congressional candidates - Brookings Institution - December 25th, 2024 [December 25th, 2024]
- Transcript: Rep. French Hill, Republican of Arkansas, on "Face the Nation with Margaret Brennan," Dec. 22, 2024 - CBS News - December 25th, 2024 [December 25th, 2024]
- Trump's agenda in trouble? What the Republican revolt on spending bill tells us - USA TODAY - December 25th, 2024 [December 25th, 2024]
- The new right gathers to celebrate Trump and the splintering of the Republican Party - The Associated Press - December 25th, 2024 [December 25th, 2024]
- Trump calls out Texas Republican after voting against deal to prevent government shutdown - Austin American-Statesman - December 25th, 2024 [December 25th, 2024]
- House votes down Republican bill to avert shutdown on eve of the deadline - NBC News - December 20th, 2024 [December 20th, 2024]
- Elon Musk 'Runs the Republican Party'Congress Reacts to CR Bill Collapse - Newsweek - December 20th, 2024 [December 20th, 2024]
- Donald Trump hopes a Republican challenges U.S. Rep. Chip Roy over debt ceiling opposition - The Texas Tribune - December 20th, 2024 [December 20th, 2024]
- Analyzing Trump's historical impact on the Republican Party - CBS News - December 20th, 2024 [December 20th, 2024]
- House Republican to OSHA: Drop worker heat protections - E&E News - December 20th, 2024 [December 20th, 2024]
- House votes down Republican bill to avert shutdown on eve of the deadline - MSNBC - December 20th, 2024 [December 20th, 2024]
- Rep. Carbajal Blasts Republican Budget Obstruction Holding Up More than $14 Million in Central Coast Projects - Salud Carbajal - December 20th, 2024 [December 20th, 2024]
- Republican Appeals Court Judge Griffin asks the NC Supreme Court to throw out votes - NC Newsline - December 20th, 2024 [December 20th, 2024]
- Democrats tank laughable Trump-backed spending deal with the help of Republican conservatives - Yahoo! Voices - December 20th, 2024 [December 20th, 2024]
- How I lost my faith in the court system (Letters to the Editor of The Republican) - MassLive.com - December 20th, 2024 [December 20th, 2024]
- Republican spending bill to avert government shutdown fails in House as it happened - The Guardian US - December 20th, 2024 [December 20th, 2024]
- An emerging Texas megadonor just pledged $20 million to expand a true Republican majority - The Texas Tribune - December 18th, 2024 [December 18th, 2024]
- Exclusive | Trump Pledged to Cut Taxes for Expats. This Republican Wants to Make It a Reality. - The Wall Street Journal - December 18th, 2024 [December 18th, 2024]
- Trump pushes for FBI probe of Republican Liz Cheney over Jan. 6 panel - Reuters - December 18th, 2024 [December 18th, 2024]
- Romney stands by Trump criticism but says MAGA is now the Republican Party - CNN - December 18th, 2024 [December 18th, 2024]
- Reflections, gratitude, and excitement for Marshalltowns future - Marshalltown Times Republican - December 18th, 2024 [December 18th, 2024]
- MAGA is the Republican party: Mitt Romney on GOP after Trump win - CNN - December 18th, 2024 [December 18th, 2024]
- Mitt Romney predicts JD Vance will be 2028 GOP nominee: 'MAGA is the Republican Party' - USA TODAY - December 18th, 2024 [December 18th, 2024]
- Adam Kinzinger Tells Us Why Hes The Last Republican in New Trailer (Exclusive) - Hollywood Reporter - December 18th, 2024 [December 18th, 2024]
- US Senate Rejects NLRB Chairman McFerran Nomination; NLRB Poised To Switch To Republican Majority in Early 2025 (US) - Employment Law Worldview - December 18th, 2024 [December 18th, 2024]
- Key Republican Calls For Criminal Probe Of Liz Cheney Over Jan. 6 Committee Work - HuffPost - December 18th, 2024 [December 18th, 2024]
- Outgoing House Republican: 'The Less' Congress Does, 'The Better' - Newsweek - December 12th, 2024 [December 12th, 2024]
- Dozens of Republican governors pledge to work with Trump on mass deportations: We stand united - Fox News - December 12th, 2024 [December 12th, 2024]
- Webb Countys top elected official switches to Republican Party - The Texas Tribune - December 12th, 2024 [December 12th, 2024]
- What Does a Republican-Controlled Government Mean for Retirement? - U.S News & World Report Money - December 12th, 2024 [December 12th, 2024]
- Florida lawmakers party switch increases Republican supermajority in the House - The Associated Press - December 12th, 2024 [December 12th, 2024]
- Republican-led states are rolling out plans that could aid Trumps mass deportation effort - The Associated Press - December 12th, 2024 [December 12th, 2024]
- California High-Speed Rail Federal Funding Targeted by House Republican - Newsweek - December 12th, 2024 [December 12th, 2024]
- Levin: Broadband Affordability Should Be Republican Priority - BroadbandBreakfast.com - December 12th, 2024 [December 12th, 2024]
- Republican telework claims aren't remotely true - Bleeding Heartland - December 12th, 2024 [December 12th, 2024]
- Republican Trifecta, Federal Budget Negotiations Could Have a Positive Impact on the Nursing Home Sector - Skilled Nursing News - December 12th, 2024 [December 12th, 2024]
- Did 'The View' just play fake audience applause for a Republican interview guest? Listen here - Entertainment Weekly News - December 4th, 2024 [December 4th, 2024]
- House Republican Wants Party To Boldly Own Plans To Gut The Social Safety Net - TPM - December 4th, 2024 [December 4th, 2024]
- Republican Lawmaker Brazenly Threatens Another Basic Right - The New Republic - December 4th, 2024 [December 4th, 2024]
- Californias Republican caucus is growing and more diverse, but its a long way from power - CalMatters - December 2nd, 2024 [December 2nd, 2024]
- Republican Health Coverage Proposals Would Increase Number of Uninsured, Raise Peoples Costs - Center on Budget and Policy Priorities - December 2nd, 2024 [December 2nd, 2024]
- Red tide: Fall River flipped Republican for first time in a century. How did Trump do it? - Fall River Herald News - December 2nd, 2024 [December 2nd, 2024]
- Johnson Gearing Up To Slow Chinese Influence Next Year With Republican Majorities - KCCR-AM - December 2nd, 2024 [December 2nd, 2024]
- Americans opinion of Republican Party on the rise - The Hill - December 2nd, 2024 [December 2nd, 2024]