SCOTUS Keeps Alive Chance Of Deciding Big Obamacare Case Before The Election | Talking Points Memo

The Supreme Court left open the possibility that it could decide a major Obamacare case coming out of Texas by the end of this term, with a scheduling notice Wednesday indicating the justices will discuss whether to take up the case on Feb. 21.


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1289344

5-4 to gift King Trump his wish.

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Odds are they won’t. SCOTUS is a PAC these days and If they wait they can have their cake and eat it too. No pre-election political price for whacking the ACA when folks still have time to use their vote in protest then kill it when it’s too late for anyone to do squat about it.

It’s up to the American people. The reason SS and Medicare have stayed around as long as they have is Pols know it’s political suicide to end those programs. ACA has not achieved that status. If it doesn’t get it the law is gone.

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The GOP might get thier wish in an election year, that they do not want to happen. If the they take it up and do not declare it Unconstitutional they lose too.

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I like to commend you on your prescience but that’s a bit like predicting sunrise in the East.

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This is the Achilles Heel of the Republican Party, which is why Trump lied so much about healthcare during his speech. That he fought to maintain insurance for people with pre-existing conditions is laughable. The fact that he’d attack it head on (lying or not) demonstrates their fear.

Maintaining the Affordable Care Act (aka Obamacare) is why the Dems took the House in the last election. It is why the Dems can take the presidency and the Senate, and maintain the House in the next election. I’m cynical about the Dems’ and their consultants’ ability to stay on this tack, but it’s there to be taken.

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Naw. People already have the benefits, bringing back things like pre-existing conditions and all that will put people in an uproar.

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“The case is a legal challenge by several Republican states, and supported by President Trump’s Justice Department, that, if successful would dismantle the health care law in its entirety.”

Attributed to a Chinese proverb: “Be careful what you wish for; you might get it.”

Especially in an election year.

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So will lying them into a war. Or colluding with Russia. But folks survived that. I agree in normal times or when folks had normal thoughts about politics they wouldn’t dare bring back the pre-existing conditions horror but we are not in those times anymore. The Trump base will reelect folks in Red States even if the voters get fucked by the folks they’re voting for. All you need is ( R ) after you’re name in Indiana or Alabama and you can do what you like.

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They WANT the ACA dead. That’s what they’re wishing for and they don’t give a shit about the pain it will cause. Even if it pains them. You can’t use reason in analyzing American Politics anymore. That’s a tool that does not fit in 2020.

The Supreme Court is trying to figure out how not hear this case at all and just pretend it never existed. Because if they kill the ACA in such a completely backwards way, they’ll do untold damage to the GOP. And if they don’t, they’re all going to need extra bodyguards because the marching morons.

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zeroing out the individual mandate

Zero is a value.

Politically, Obamacare is more than a freebie for poor people. It’s a stop-gap for lots of middle class people, more all the time.

It may not have the knee-jerk power of Social Security, but Republican threats to end it rattles an awful lot of voter’s family plans. I believe that’s why Republicans stayed away from it. Like so many issues, it’s worth more to Republicans to keep it alive rather than actually do anything about it.

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Doug Jones had the (D) after his name and won the US Senate seat there. He announced today he will vote to impeach the dotard.

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That should not be taken as a signal that the state of Alabama is going Blue or that it’s safe to abandon wingnuttery in wing nut states. It isn’t. Jones ran against a shit show of a candidate that was so appalling Jones eked out 51 % of the vote. Which means 49% of the folks in that state voted for a cretin just because he had ( R ) after his name. I doubt Jones wins again.

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That’ll cost him. Thank you, Doug.

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Yeah, but I would think that would be a major campaign issue for the Dems. The ‘they’ve taken away the health care support for millions’ is a pretty strong indictment, should it go through.

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This would absolutely be the icing on the cake that is the destruction of the Obama legacy. They absolutely want it dead and it won’t matter if 99% of the electorate doesn’t want it changed or destroyed. The GOP have the gun in their hand to the head of the ACA and they are just itching to pull that trigger.

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Careful what you wish for

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The smart move for all 9 justices is to deny review and to let it go back to Judge O’Connor for further proceedings.

For the conservative bloc, killing the ACA this summer would be a gigantic strike against Trump’s reelection prospects.

For Roberts, saving the conservative bloc from themselves by voting to uphold the ACA for a third time would once again be a stain on his conservative bona fides. He doesn’t want to go down in history as a traitor to the Federalist Society.

For the liberal bloc, they have the votes to force the issue by granting review. But denying review means it will be a couple more years (at least) before the case makes its way back to them. By then, it’s quite possible that we will have a new president and Democratic majorities that can make the whole stupid case moot by just re-implementing a $1 tax penalty for anyone not complying with the individual mandate. Maybe they’ll even have a new colleague or two appointed by President Buttigieg. And they would be crazy to rely on Roberts voting to reverse the lower courts this year.

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It’s too soon to draw conclusions, I think. The rabid states that sued to overturn ACA and schlepped the proceeding to a particularly notorious judge in Texas were seriously pleased to do so in 2018 before the midterm election. However that election went badly for Republicans in the House, and ACA was probably one factor getting the Democratic vote out. I would foresee a similar situation in the coming 2020 election. If ACA is killed by the Supreme Court, it will increase Democratic turnout. If ACA is not killed, it will still be a campaign issue, but I don’t think it’s an issue that Republicans can win on. A few Republican states such as Kentucky have expanded Medicaid coverage, and I don’t see how taking it away could win votes.

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