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ADVISORY: Protect Our Care Hosts Press Calls Today in Seven States

Local Experts Offer Analysis On House GOP Vote to Repeal the ACA And Gut Protections for People with Pre-Existing Conditions

 

Washington DC — Representatives Diana DeGette, Ed Perlmutter, and Tom O’Halleran will join Protect Our Care Executive Director Brad Woodhouse in press calls today across the country to discuss a resolution passed by House Democrats on Wednesday that authorizes House Counsel to intervene in the Texas, et. al. vs. United States, et. al. lawsuit to defend the Affordable Care Act and its protections.

The resolution comes after a new poll from Public Policy Polling (PPP) for Protect Our Care found that more than half of voters oppose the recent court decision striking down the Affordable Care Act and sixty-nine percent of voters say it’s a major concern to them that the court case would eliminate protections for pre-existing conditions, such as cancer, diabetes, and asthma.

Below is the schedule of calls today (all times in EST):

10AM EST Maine: 877-229-8493; Pin: 114927

  • State Rep. Anne Perry, nurse practitioner
  • Rebecca London, state director of Protect Our Care Maine
  • Ron Green, former firefighter and Mainer

11AM EST North Carolina: 877-229-8493; Pin: 118274

  • Brad Woodhouse, Executive Director of Protect Our Care
  • State Senator Wiley Nickel (SD-16)
  • Tara Romano, Executive Director of NARAL North Carolina
  • Montica Talmadge, North Carolinian with a pre-existing condition

12PM EST Ohio: 877-229-8493; Pin: 118275

  • Zach Klein, Columbus City Attorney who filed suit against the Trump Administration to enforce the ACA
  • Danny O’Connor, attorney and Franklin County Recorder
  • Ethan Kissock, Ohioan with pre-existing condition

1PM EST Iowa: 877-229-8493; Pin: 118276

  • State Representative Beth Wessel-Kroeschell (HD-45)
  • Robin Stone, health care professional and advocate
  • Melissa Zapata, Des Moines University medical student

2:30 PM ET Colorado: 877-229-8493; Pin: 118277

  • Congresswoman Diana DeGette
  • Congressman Ed Perlmutter
  • Adam Fox, Colorado Consumer Health  Initiative

3:30 PM ET Arizona: 877-229-8493; Pin: 118278

  • Congressman Tom O’Halleran, Arizona’s 1st Congressional District
  • Toni Bannister, two-time cancer survivor
  • Morgan Tucker, Protect Our Care Arizona

4:30 PM ET Alaska: 877-229-8493; Pin: 118279

  • Alyse Galvin, health care advocate and former congressional candidate
  • Susanna Orr, Alaskan whose husband benefited from pre-existing conditions protections
  • David D’Amato, health care policy expert
  • Amber Lee, Protect Our Care Alaska

Protect Our Care Statement On House Republicans Refusal to Join Democrats On Resolution Opposing ACA Lawsuit and Instead Supported Full Repeal

“Nearly every Republican voted ‘no’ on this resolution, once again turning their backs on the millions of Americans whose access to life-saving care and benefits are in jeopardy,” says Brad Woodhouse

 

Washington DC — In response to House Democrats passing a stand-alone resolution that authorizes the House Counsel to intervene in the Texas, et. al. vs. United States, et. al. lawsuit to defend the Affordable Care Act and takes direct aim at the relentless repeal and sabotage campaign on health care by Republicans and President Trump, Brad Woodhouse, executive director of Protect Our Care issued the following statement:

“Under the leadership of Speaker Pelosi, the House took a crucial step to defend the Affordable Care Act and protect Americans with pre-existing conditions. By passing this resolution to intervene in the dangerous Texas lawsuit, Democrats stand in stark contrast with their repeal and sabotage Republican colleagues. Make no mistake, nearly every Republican voted ‘no’ on this resolution, once again turning their backs on the millions of Americans whose access to life-saving care and benefits are in jeopardy. Republicans are doubling down on their anti-health care agenda and ignoring the clear message sent by voters in November. If the Republicans had their way with this vote, the Affordable Care Act would be fully repealed and millions of people would lose their coverage. Clearly, Republicans haven’t learned the lesson of the 2018 elections and we’re here to remind them that elections have consequences.”

Background:

Thanks To The Republican Lawsuit, 17 Million People Could Lose Their Coverage

If The Texas Ruling Is Upheld, Protections For 130 Million People With A Pre-Existing Condition Could Disappear

  • According to a recent analysis by the Center for American Progress, roughly half of nonelderly Americans, or as many as 130 million people, have a pre-existing condition. This includes:
    • 44 million people who have high blood pressure
    • 45 million people who have behavioral health disorders
    • 44 million people who have high cholesterol
    • 34 million people who have asthma and chronic lung disease
    • 34 million people who have osteoarthritis and other joint disorders
  • 17 million children. One in four children, or roughly 17 million, have a pre-existing condition.
  • 68 million women. More than half of women and girls nationally have a pre-existing condition.
  • 30 million people aged 55-64. 84 percent of older adults, 30.5 million Americans between age 55 and 64, have a pre-existing condition.

If The Texas Ruling Is Upheld, Insurance Companies Would Have The Power To Deny Or Drop Coverage Because Of A Pre-Existing Condition

Before the Affordable Care Act, insurance companies routinely denied people coverage because of a pre-existing condition or canceled coverage when a person got sick. Now insurance companies have a license to do this again.

  • A 2010 congressional report found that the top four health insurance companies denied coverage to one in seven consumers on the individual market over a three year period.
  • A 2009 congressional report found that the of the largest insurance companies had retroactively canceled coverage for 20,000 people over the previous five year period.

More than 100 Million People With A Pre-Existing Condition Could Be Forced to Pay More. An analysis by Avalere finds that “102 million individuals, not enrolled in major public programs like Medicaid or Medicare, have a pre-existing medical condition and could therefore face higher premiums or significant out-of-pocket costs” thanks to the Republican lawsuit to repeal the Affordable Care Act.If The Texas Ruling Is Upheld, Insurance Companies Would Once Again Have The Power To Charge You More

  • Premium Surcharges Can Once Again Be In The Six Figures. Thanks to the Republican lawsuit, insurance companies can charge people more because of a pre-existing condition. The House-passed repeal bill had a similar provision, and an analysis by the Center for American Progress found that insurers could charge up to $4,270 more for asthma, $17,060 more for pregnancy, $26,180 more for rheumatoid arthritis and $140,510 more for metastatic cancer.
  • Women Can Be Charged More Than Men For The Same Coverage. Prior to the ACA, women, for example, were often charged premiums on the nongroup market of up to 50 percent higher than they charged men for the same coverage.
  • People Over The Age of 50 Can Face A $4,000 “Age Tax.” Thanks to the Republican lawsuit, insurance companies can charge people over 50 more than younger people. The Affordable Care Act limited the amount older people could be charged to three times more than younger people. If insurers were to charge five times more, as was proposed in the Republican repeal bills, that would add an average “age tax” of $4,124 for a 60-year-old in the individual market, according to the AARP.
  • Nine Million People In The Marketplaces Will Pay More For Coverage. Thanks to the Republican lawsuit, consumers no longer have access to tax credits that help them pay their marketplace premiums, meaning roughly nine million people who receive these tax credits to pay for coverage will have to pay more.
  • Seniors Will Have To Pay More For Prescription Drugs. Thanks to the Republican lawsuit, seniors will have to pay more for prescription drugs because the Medicare “donut” hole got reopened. From 2010 to 2016, “More than 11.8 million Medicare beneficiaries have received discounts over $26.8 billion on prescription drugs – an average of $2,272 per beneficiary,” according to a January 2017 Centers on Medicare and Medicaid Services report.

If The Texas Ruling Is Upheld, Insurance Companies Will Have The Power To Limit The Care You Get, Even If You Have Insurance Through Your Employer

  • Reinstate Lifetime and Annual Limits. Thanks to the Republican lawsuit, insurance companies can once again impose annual and lifetime limits on coverage.
  • Insurance Companies Do Not Have to Provide the Coverage You Need. The Affordable Care Act made comprehensive coverage more available by requiring insurance companies to include “essential health benefits” in their plans, such as maternity care, hospitalization, substance abuse care and prescription drug coverage. Before the ACA, people had to pay extra for separate coverage for these benefits. For example, in 2013, 75 percent of non-group plans did not cover maternity care, 45 percent did not cover substance abuse disorder services, and 38 percent did not cover mental health services. Six percent did not even cover generic drugs.

If The Texas Ruling Is Upheld, Medicaid Expansion Will End

  • Fifteen million people have coverage through the expanded Medicaid program.

Protect Our Care: Today’s Health Care Vote in the House Comes Down to This: Support The Law or Fully Repeal it  

“A No Vote Today is a Vote For Full Repeal,” says Brad Woodhouse

Washington DC — Today, the House of Representatives will hold a vote on a stand-alone resolution, which takes direct aim at the relentless repeal and sabotage campaign on health care by Republicans and President Trump. The resolution authorizes the House Counsel to intervene in the Texas, et. al. vs. United States, et. al. lawsuit to defend the Affordable Care Act and all of its protections.  Brad Woodhouse, executive director of Protect Our Care, calls on House Republicans to join their Democratic colleagues and vote to pass this resolution in the following statement:

“A no vote on today’s resolution is a vote for the full repeal of the Affordable Care Act. Republicans can no longer pretend this lawsuit is a theoretical exercise. Judge Reed O’Connor ruled to strike down the entire law, going further than any ACA repeal bill the House voted on in the last two years. By voting ‘no,’ Republicans are saying they want this ruling to stand and they want every clause, period and participle of the ACA repealed.  

“Let’s be clear: a ‘no’ vote means supporting taking away coverage from millions of people, raising the costs for millions more, and taking away protections for people with pre-existing conditions. Republicans and President Trump were hammered at the polls in November for this very lawsuit and for their years-long repeal and sabotage agenda. We’ll find out today if they got the message – and if not – we’ll tag them with repeal and all of its consequences all over again. Win win ”

A new poll from Public Policy Polling (PPP) for Protect Our Care released yesterday demonstrates the vulnerability of Republicans on this issue. The poll found that well more than half of voters oppose the recent court decision striking down the Affordable Care Act and sixty-nine percent of voters say it’s a major concern to them that the court case would eliminate protections for pre-existing conditions, such as cancer, diabetes, and asthma.

BACKGROUND:

Due to Judge O’Connor’s ruling on December 14th, Republicans are one step closer to repealing the Affordable Care Act and eliminating key protections, unleashing — as the Trump Administration itself admitted in his court — “chaos” in our entire health care system. If this ruling is allowed to stand, here’s what would happen:

  • Marketplace tax credits and coverage for 10 million people: GONE.
  • Medicaid expansion currently covering 15 million people: GONE.
  • Protections for more than 130 million people with pre-existing conditions when they buy coverage on their own: GONE.
  • Allowing children to stay on their parents’ insurance until age 26: GONE.
  • Free annual wellness exams: GONE.
  • Ban on annual and lifetime limits: GONE.
  • Ban on insurance discrimination against women: GONE.
  • Contraception with no out-of-pocket costs: GONE.
  • Limit on out-of-pocket costs: GONE.
  • Requirement that insurance companies cover essential benefits like prescription drugs, maternity care, and hospitalization: GONE.
  • Improvements to Medicare, including reduced costs for prescription drugs: GONE.
  • Closed Medicare prescription drug donut hole: GONE.
  • Rules to hold insurance companies accountable: GONE.
  • Small business tax credits: GONE.

 

 

Protect Our Care Urges The House To Protect People With Pre-existing Conditions and Pass The Resolution on The Texas Lawsuit

“Republicans are now on notice and it’s time to put up or shut up,” says Brad Woodhouse

 

Washington DC — Tomorrow, the House of Representatives will hold a vote on a stand-alone resolution, which takes direct aim at the relentless repeal and sabotage campaign on health care by Republicans and President Trump. The resolution specifically authorizes the House Counsel to intervene in the Texas, et. al. vs. United States, et. al. lawsuit to defend the Affordable Care Act and its protections.  Brad Woodhouse, executive director of Protect Our Care, which held scores of Republicans accountable in November for their repeal and sabotage agenda, calls on the House to support and pass this resolution in the following statement:

“The impending vote on this resolution shows the American people that Speaker Pelosi and House Democrats are fighting for them and their health care just as they promised to do in November. During the mid-term election, Republicans repeatedly lied about their record on pre-existing conditions in a desperate attempt to conceal their extreme anti-health care agenda. But make no mistake, Republicans are now on notice and it’s time to put up or shut up. If Republicans truly cared about protecting Americans with pre-existing conditions, they would join their Democratic colleagues and vote to pass this resolution to intervene in a lawsuit that is already jeopardizing the care and benefits millions of Americans enjoy. If this lawsuit is successful the fallout would be devastating to millions of Americans and if Republicans continue to support litigation that would deny care to millions, their political problems on this issue only stand to grow.”

A new poll from Public Policy Polling (PPP) for Protect Our Care released today demonstrates the vulnerability of Republicans on this issue. The poll found that more than half of voters oppose the recent court decision striking down the Affordable Care Act and sixty-nine percent of voters say it’s a major concern to them that the court case would eliminate protections for pre-existing conditions, such as cancer, diabetes, and asthma.

BACKGROUND:

Due to Judge O’Connor’s ruling on December 14th, Republicans are one step closer to repealing the Affordable Care Act and eliminating key protections, unleashing — as the Trump Administration itself admitted in his court — “chaos” in our entire health care system. If this ruling is allowed to stand:

  • Marketplace tax credits and coverage for 10 million people: GONE.
  • Medicaid expansion currently covering 15 million people: GONE.
  • Protections for more than 130 million people with pre-existing conditions when they buy coverage on their own: GONE.
  • Allowing children to stay on their parents’ insurance until age 26: GONE.
  • Free annual wellness exams: GONE.
  • Ban on annual and lifetime limits: GONE.
  • Ban on insurance discrimination against women: GONE.
  • Contraception with no out-of-pocket costs: GONE.
  • Limit on out-of-pocket costs: GONE.
  • Requirement that insurance companies cover essential benefits like prescription drugs, maternity care, and hospitalization: GONE.
  • Improvements to Medicare, including reduced costs for prescription drugs: GONE.
  • Closed Medicare prescription drug donut hole: GONE.
  • Rules to hold insurance companies accountable: GONE.
  • Small business tax credits: GONE.

 

 

Protect Our Care Praises House Democrats for Making Health Care a Top Priority in New Congress

On Day One, House Rules Package Includes

Provision to Oppose Texas Lawsuit to Overturn the Affordable Care Act

 

Washington DC – Today, it was reported that the House of Representatives will vote tomorrow on the Restoring Congress For The People Resolution, which takes direct aim at the relentless health care repeal and sabotage campaign waged by Republicans in Congress and President Trump. The Resolution specifically addresses the Texas, et. al. vs. United States, et. al. lawsuit that would strike down the Affordable Care Act. The resolution authorizes the House counsel to intervene in the lawsuit on behalf of the House of Representatives to protect the health care for millions of Americans, including 130 million with pre-existing conditions. Leslie Dach, chair of Protect Our Care, issued the following statement:

“Starting with their first action in the new Congress, House Democrats are once again showing the American people who is fighting for them on health care. This resolution takes direct aim at the disastrous Texas court decision, pushed by Republicans and President Trump, that would end all protections for people with pre-existing conditions, and raise health care costs for millions. This lawsuit must be overturned. If Republicans truly cared about keeping health care affordable and protecting people with pre-existing conditions, they would vote against this lawsuit and for protecting the tens of millions of Americans.”

BREAKING: Texas Judge Grants Motion To Stay Proceedings In GOP Lawsuit To Repeal ACA

Washington DC – Today, Judge Reed O’Connor, who sided with President Trump and Republicans to overturn the Affordable Care Act, issued a stay in the Texas, et. al. vs. United States, et. al. lawsuit and ruled that his ruling is immediately appealable. This decision will allow the Affordable Care Act to remain in place while the ruling is appealed. Brad Woodhouse, executive director of Protect Our Care issued the following statement in response:

“Today’s ruling should prevent the damage this lawsuit will cause to millions of Americans while the appeal process is underway. But despite the clear message from the November elections, that the American people want protections for pre-existing conditions and quality and affordable health coverage, Donald Trump and his Republican allies will continue to try and weaponize the courts to do what they couldn’t do legislatively or at the ballot box — repeal the ACA. If this misguided ruling isn’t overturned, Republicans will succeed at striking down the ACA and gutting key protections for millions of Americans. Make no mistake, this politically driven lawsuit remains an absolute disaster for Americans and their health care.”

BACKGROUND:

Due to Judge O’Connor’s ruling on December 14th, Republicans are one step closer to repealing the Affordable Care Act and eliminating key protections, unleashing — as the Trump Administration itself admitted in his court — “chaos” in our entire health care system. Under this ruling:

  • Marketplace tax credits and coverage for 10 million people: GONE.
  • Medicaid expansion currently covering 15 million people: GONE.
  • Protections for more than 130 million people with pre-existing conditions when they buy coverage on their own: GONE.
  • Allowing children to stay on their parents’ insurance until age 26: GONE.
  • Free annual wellness exams: GONE.
  • Ban on annual and lifetime limits: GONE.
  • Ban on insurance discrimination against women: GONE.
  • Contraception with no out-of-pocket costs: GONE.
  • Limit on out-of-pocket costs: GONE.
  • Requirement that insurance companies cover essential benefits like prescription drugs, maternity care, and hospitalization: GONE.
  • Improvements to Medicare, including reduced costs for prescription drugs: GONE.
  • Closed Medicare prescription drug donut hole: GONE.
  • Rules to hold insurance companies accountable: GONE.
  • Small business tax credits: GONE.

On The 19th Day Of Christmas, The GOP Gave America: A NO Vote On Stopping The Lawsuit To Overturn The Affordable Care Act

Washington DC – Today, Senate Democrats attempted to intervene on behalf of the American people and authorize the Senate legal counsel to defend the Affordable Care Act in the Texas, et. al. vs. United States, et. al lawsuit following the terrible ruling from conservative U.S. District Judge Reed O’Connor to overturn the Affordable Care Act (ACA). But in true sabotage fashion, the Republicans blocked the measure from moving forward. Brad Woodhouse, executive director of Protect Our Care issued the following statement in response:

“If anyone thought Republicans would end their war on health care after they were wallopped on the issue in November they were sadly mistaken. Republicans blocking the Senate from intervening in the Texas lawsuit confirms that they will do everything in their power to repeal and sabotage health care.  Americans do not want to roll back the clock and go back to the days where insurance companies could drop coverage or deny it altogether simply for having a pre-existing condition. Enough is enough. It’s time for the GOP to wake up and end this relentless war on health care.”

“They May Have Bought More Than They Bargained For”: Republicans Thought They Had It Bad Before, But It’s Getting Clearer That It’s Even Worse Than They Thought

In the last twenty-four hours, it’s become clear that the Texas court decision overturning the Affordable Care Act is an even bigger problem for Republicans than originally reported. It goes beyond even the most outlandish of last year’s repeal bills by striking down some of the law’s most popular provisions, such as the prohibition on denying someone coverage because they’re sick and the requirement that adults under age 26 be allowed to stay on their parents’ plan.

Following Friday’s jarring decision by a conservative federal judge to overturn the Affordable Care Act, Democratic state attorneys general have submitted a request for a stay on the court’s order — ensuring that the Affordable Care Act remains in effect while the case makes it way through the appeals process. Should their request be denied, the American people will suffer, and the American health care system will be upended.

 

WHAT WOULD HAPPEN:

  • 12 million Americans who gained coverage through Medicaid expansion would become uninsured.
  • 8 million low-income residents will lose access to billions of dollars in tax credits.
  • 19 million Medicare Advantage beneficiaries could lose their plans because the ACA replaced the payment system previously in effect.
  • Insurance companies may once again be able to discriminate on the basis of health status by charging higher premiums or denying coverage altogether, jeopardizing the care of more than 130 million Americans with pre-existing conditions.
  • The prohibition of lifetime or annual limits on coverage would disappear.
  • The requirement that children under the age of 26 be allowed to stay on their parents’ coverage would be gone.
  • Insurance companies would no longer have to cover essential health benefits, including ambulatory patient services, emergency services, hospitalization, maternity and newborn care, mental health and substance abuse treatment, prescription drugs, laboratory services, preventative services and chronic disease management, and pediatric services, including oral and vision care.
  • States may lose their platforms for connecting residents to health care options — state marketplaces, federally facilitated exchanges, and hybrid options that use healthcare.gov would disappear.
  • Important initiatives to improve quality of care, reduce cost, and increase innovation would disappear. The Affordable Care Act’s initiatives holding hospitals accountable for quality and safety, allowing providers to receive Medicare payments based on quality and care coordination; and funding efforts to states, public health officials, educational institutions, and medical providers to improve treatment of chronic illnesses, reduce health disparities, improve efficiency and value, and to provide comprehensive care, including preventive care, and mental health and substance use disorder services could fall by the wayside.
  • Uncompensated care costs would increase by $1.1 trillion over the next decade because so many people would lose coverage.
  • And the Prevention and Public Health Fund (PPHF), a new funding stream created by the ACA that has sent over $3.9 billion to states since 2010 ($650 million for fiscal year 2017), would be eliminated.

THE KAISER FAMILY FOUNDATION: PRE-EXISTING CONDITION PROTECTIONS ARE NOT EVEN THE MOST POPULAR PROVISION THE RULING STRIKES DOWN

Kaiser Family Foundation President Drew Altman said:

“Democrats will now use the 2020 campaign to paint Republicans as threatening a host of popular provisions in the ACA And here’s the kicker: protections for pre-existing conditions, the provision that played such a big role in the midterms, is not even the most popular one.”

Overturning the Affordable Care Act means overturning its most popular provisions, which are supported by both Democrats and Republicans. According to the Kaiser Family Family Foundation’s November tracking poll:

  • Young adults can remain on their parents’ health insurance policies until age 26: 82% of the public supports this, including 66% of Republicans.
  • Subsidies for lower and moderate income people: 81% support this, including 63% of Republicans.
  • Closing the “donut hole” so there’s no gap in Medicare prescription drug coverage: 81% like this, as do 80% of Republicans.
  • Eliminating costs for many preventive services: 79% support this, as do 68% of Republicans.
  • Medicaid expansion: 77% like it, as do 55% of Republicans.
  • Protecting people with pre-existing conditions: 65% of the public supports this, including 58% of Republicans.

The bottom line from the Kaiser Family Foundation’s Drew Altman: “ [Republicans’] world has changed politically, with Democrats preparing to take control of the House next year, and Republicans may have been better off settling for the repeal of the mandate penalty that Congress already passed. The mandate was by far the least popular part of the law and gave them something to crow about. Now, they may have bought more than they bargained for.”

Santa Tell Me, Will I Have Health Care Next Year?

New Ad Shows How Court Ruling Helps Republicans Rip Away Protections for People with Pre-Existing Conditions

 

Washington DC – Late Friday night, conservative U.S. District Court Judge Reed O’Connor issued his ruling in Texas, et. al. vs. United States, et. al., striking down the Affordable Care Act (ACA). His decision to side with Republican attorneys general, governors, and the Trump Administration is being called into question by those who know the law and health care the best. In a new digital ad published on social media platforms, Protect Our Care points out that this decision to overturn the ACA, if allowed to take effect, will have a disastrous impact on the American health care system. Brad Woodhouse, executive director of Protect Our Care issued the following statement:

“With millions of lives at stakes, Republicans have once again turned their backs on the American people by asking the courts to do their bidding. The recent decision from Judge Reed O’Connor to strike down the ACA now puts Republicans dangerously closer to ripping away health care protections from people with pre-existing conditions like cancer, asthma, and diabetes. Given Republicans’ terrible track record on health care, this lawsuit is simply another desperate attempt to gut the ACA and undermine the American people.”

Watch Protect Our Care’s new ad here.

 

BACKGROUND:

Due to Judge O’Connor’s ruling on December 14th, Republicans are one step closer to repealing the Affordable Care Act and eliminating key protections, unleashing — as the Trump Administration itself admitted in his court — “chaos” in our entire health care system.  

  • Seventeen million more people could lose their coverage in a single year, leading to a 50 percent increase in the uninsured rate
  • Protections for 130 million people with pre-existing conditions, if they buy coverage on their own, are gone
  • The Medicaid expansion, currently covering 15 million people, could vanish.
  • Improvements to Medicare, including reduced costs for prescription drugs, are eliminated
  • No longer will kids be allowed to stay on their parents’ insurance until age 26
  • The ban on annual and lifetime limits are gone
  • The ban on insurance discrimination against women and people over age 50 is gone
  • Limits on out-of-pocket costs are eliminated
  • Small business tax credits are gone
  • Marketplace tax credits for up to 9 million people are gone

The People Who Hate Obamacare the Most Think the Texas Decision is the Worst

Since Judge Reed O’Connor’s decision to overturn the Affordable Care Act on Friday night, Republicans and Democrats alike have condemned his ruling. Some of the strongest criticism has come from the columnists, editorial pages, and legal scholars that have led the opposition to the ACA.

Philip Klein, Executive Editor Of Washington Examiner: “I Hate Obamacare, But Texas Judge’s Decision On Its Constitutionality Is An Assault On The Rule Of Law.” “I hate Obamacare so much that it’s possible I’ve written more words criticizing it over the past decade than any person alive. I have supported multiple previous legal efforts against the legislation and its implementation. In the fall of 2012, after the Supreme Court upheld Obamacare, my Halloween costume depicted John Roberts turning into a chicken. If Congress repealed all of Obamacare tomorrow, I’d throw a party. Despite my policy preferences, I’d say the latest decision from U.S. District Court Judge Reed O’Connor of Texas declaring Obamacare unconstitutional is an assault on the rule of law… What’s happening here is an effort to short-circuit the normal process and implement policy preferences through judicial activism. Embracing unelected judges using shoddy reasoning to impose their policy preferences on the country just when they produce outcomes conservatives agree with would do significant long-term damage to everything conservatives hold dear.” [Washington Examiner, 12/17/18]

Wall Street Journal Editorial Board: “No One Opposes ObamaCare More Than We Do” But Federal Judge’s Decision “Is Likely To Be Overturned On Appeal And May Boomerang Politically On Republicans.” “No one opposes ObamaCare more than we do, and Democrats are now confirming that it was designed as a way-station to government-run health care. But a federal judge’s ruling Friday that the law is unconstitutional is likely to be overturned on appeal and may boomerang politically on Republicans.” [Wall Street Journal, 12/16/18]

Conservative Legal Scholar Jonathan Adler And Abbe Gluck, Professor Of Health Law At Yale Law School: “This Decision Makes A Mockery Of The Rule Of Law And Basic Principles Of Democracy.” “A ruling this consequential had better be based on rock-solid legal argument. Instead, the opinion by Judge Reed O’Connor is an exercise of raw judicial power, unmoored from the relevant doctrines concerning when judges may strike down a whole law because of a single alleged legal infirmity buried within…We were on opposing sides of the 2012 and 2015 Supreme Court challenges to the Affordable Care Act, and we have different views of the merits of the act itself. But as experts in the field of statutory law, we agree that this decision makes a mockery of the rule of law and basic principles of democracy — especially Congress’s constitutional power to amend its own statutes and do so in accord with its own internal rules.” [New York Times, 12/15/18]

Ilya Somin, George Mason University Law Professor: Judge Was “Badly Wrong” To Declare Entire Affordable Care Act Unconstitutional On Basis Of Individual Mandate. “Federal District Court Judge Reed O’Connor issued an important ruling in a case brought by twenty GOP-controlled state governments, arguing that the Obamacare individual health insurance mandate is now unconstitutional, because the tax reform bill Congress passed in December 2017 eliminates the monetary penalty for violation. Much more importantly, the states also claim that the rest of the Affordable Care Act must fall with the mandate because it cannot be “severed” from it. Judge O’Connor ruled in favor of the states on both counts. I think he was right on the first issue, but badly wrong on the second.” [Reason, 12/14/18]

Jonathan Adler, Professor Of Law At Case Western Reserve School Of Law: “This Is A Surprising Result, And One That Is Hard To Justify.” “This is a surprising result, and one that is hard to justify…And did I mention standing? The Justice Department somehow neglected to raise standing in its briefing, but Judge O’Connor addressed it nonetheless (as he should have, as Article III standing is jurisdictional). Despite recognizing the need to address standing, Judge O’Connor completely botched the relevant analysis, concluding the plaintiffs have standing to challenge a provision of a law that has no legal effect… However superficially plausible the plaintiff states’ claims initially appear, they melt upon inspection. The more one digs into them, the less substantial they appear.” [Reason, 12/14/18]

Jennifer Rubin, Conservative Blogger At Washington Post: “Susan Collins And Republicans Better Have Better Answers On Obamacare. “Republicans are the proverbial dog who caught the bus. They are to blame if the law, with no alternative, is not revived by a higher court; they are to blame if either by litigation or administrative action those with preexisting conditions are priced out of the market. We just had an election that turned on this precise issue. Democrats overwhelmingly carried the day by accusing Republicans of seeking to sabotage protection for preexisting conditions. Now that Collins, Blunt and others have made a mess, it is up to them to fix it — or face the wrath of the voters in 2020.” [Washington Post, 12/17/18]