This is a new snub for former President Donald Trump, who tried by all means to remove the Affordable Care Act (ACA), the affordable care law, nicknamed “Obamacare”, promulgated by President Barack Obama March 23, 2010.
In a decision taken by a majority of seven out of nine judges, the United States Supreme Court on Thursday, June 17 refused to strike down Barack Obama’s flagship health insurance law, leaving in place health coverage for millions. Americans. Amy Coney Barrett and Brett Kavanaugh, two of the three justices appointed by Donald Trump to the Supreme Court, joined the majority while Neil Gorsuch disagreed and signed the dissenting opinion in which Judge Samuel Alito explained the reason for his disagreement. This decision, the third devoted to this law, is based on a procedural argument: according to them, Texas and the other Republican states which brought the appeal were not justified in doing so.
The Obamacare issue had been at the heart of Conservative magistrate Amy Coney Barrett’s confirmation process in October, just before the presidential election. It “Said she wanted to get rid of” of this law, had accused Joe Biden, who had put health issues at the heart of his electoral campaign. Congress officials posted large photos of Obamacare beneficiaries during his hearing. “I am not hostile” to this law, nor “On a mission to destroy it”, she had defended herself. Without convincing at the time.
Satisfaction of the democratic camp
The court’s decision was greeted with enthusiasm in the Democratic ranks. The President of the House of Representatives, Nancy Pelosi, rejoiced on Twitter that this law “Survive as a pillar of health and economic security” of the country and greeted a “Historic victory” for Democrats. “Despite desperate attacks by the radical right to deprive millions of Americans of healthcare, the[ACA] is constitutional and will remain in place ”, a Democratic Senator Elizabeth Warren tweeted. “The Affordable Care Act remains the law of the land and will continue to provide health care to millions of Americans, said Sabrina Singh, spokesperson for Vice President Kamala Harris. Today is a good day. “
New Democratic President Joe Biden, who served as Barack Obama’s vice president, has pledged to expand access to healthcare by leveraging Obamacare and had judged “Cruel” this final attempt by Republicans to overturn a law that proved particularly useful during the Covid-19 pandemic. In its original form, Obamacare required all Americans, even those in good health, to purchase insurance on pain of financial penalties and required companies to insure all potential customers, regardless of their state of health. This reform made it possible to provide health coverage to 31 million Americans who had not previously had it, but Republicans have always viewed compulsory insurance as an abuse of government power.
Third unsuccessful attempt by Republicans
Their first recourse was therefore aimed at this “Individual mandate”. The Supreme Court upheld it in 2012, ruling that financial penalties could be considered taxes and justified state intervention. When he arrived at the White House, Donald Trump had tried to repeal the law in Congress but had suffered a sharp setback. Republican elected officials, however, had managed to amend it in 2017, and had reduced the fines for lack of insurance to zero.
Several republican states had then introduced new legal remedies, arguing that the law no longer held. In December 2018, a Texas federal judge ruled in their favor: ” the Keystone “ the building having fallen, the whole law is unconstitutional, he had decided. It is this decision that the Supreme Court overturned Thursday. “We have not decided the question of the validity of the law, but Texas and the other plaintiffs are not competent to ask it”, wrote progressive judge Stephen Breyer on behalf of the majority of his colleagues.