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Supreme Court Vacancy Puts Pre-Existing Conditions on the Chopping Block

By June 28, 2018No Comments

President Trump promised to have “a very strong test” for his Supreme Court nominees, and that test is whether they’re prepared to:

  • Allow insurance companies to deny coverage to people with pre-existing conditions;
  • Make the cost of premiums, copays, deductibles and prescription drugs higher; and
  • Charge people age 50 and older more for their plans by overturning the consumer protections and market reforms in the Affordable Care Act.

If the Senate does not intervene, the balance of the Court could turn against the 130 million Americans with pre-existing conditions, and millions more. Don’t believe us? Just take a look.

Modern Healthcare: Kennedy Retirement Could Have “Far-Reaching Consequences” On Health Care. “U.S. Supreme Court Justice Anthony Kennedy, 81, retired Wednesday, setting in motion a shakeup of the high court that could have far-reaching consequences on issues like abortion and healthcare.” [Modern Healthcare, 6/27]

WNPR: Pivotal Court Case Could Determine The Future Of The Affordable Care Act. “President Donald Trump has tried to fulfill a key campaign promise of repealing the ACA since he became president. So far, efforts to do that in Congress have largely been in vain. […] ‘The administration’s entire strategy is do whatever it can outside of Congress,’” a legal scholar points out. [WNPR, 6/28]

MedPage Today: Pre-Existing Condition Case Could Swing Due To Kennedy Retirement. “It’s possible that an ongoing Texas case questioning the viability of the Affordable Care Act may also make it to the court eventually.” [MedPage Today, 6/27]

ABC News: Kennedy Supported ACA, Subsidies Allowing Low-Income Americans To Obtain Insurance. “That same year, Kennedy voted to uphold a key component of the 2010 Affordable Care Act, also known as Obamacare, allowing the federal government to provide nationwide tax subsidies to help Americans buy health insurance.” [ABC News, 6/27]

Some On Trump’s Short List Have Already Decided Against Americans’ Access to Affordable Health Care. “In 2011, [Steven Colloton] voted[…] to side with religious nonprofits challenging the Affordable Care Act’s rules for contraceptive coverage.” [WSJ, 6/27]

New York Times: Kennedy Retirement Important Due To “Trump Administration’s Recent Indication That It Will Use The Courts To Dismantle The Law’s Popular Protections For People With Pre-Existing Conditions.” [NYT, 6/27]

Fortune: Retirement Could Affect The Future Of Abortion Rights, ACA. “Kennedy was seen as a firewall against efforts to dismantle abortion rights enshrined under the landmark Roe v. Wade decision in the 1970s—and anti-abortion groups are already gearing up to challenge abortion laws across the country in the wake of Kennedy’s retirement, which could potentially have an effect on other health care-related issues such as the future of the Affordable Care Act.” [Fortune, 6/27]