The ink isn't even dry on the newspapers covering the Supreme Court's decision on Thursday, upholding subsidies to the Affordable Care Act. Democrats and President Obama are still nursing hangovers from celebrations on the recent decision. Though if you thought that that was the end of the legal challenges to the ACA, you're dead wrong.
According to the New York Times, a Lawsuit filed by House Speaker John Boehner claims that the Obama Administration is making illegal payments as part of the ACA to Insurance Companies without the proper appropriation from Congress.
The provision at question requires insurance companies to "lower co-payments, deductibles, and out-of-pocket costs for certain low-income Americans" through a cost-sharing agreement. Back when the President filed his 2013 Budget Proposal, he included an appropriations request for the ACA payments. When Congress ignored his request, the President concluded the issue to be of immediate urgency and made the payments from a Tax Credit/Refund Account with US Treasury.
John Boehner contends that these payments are in direct violation of the Constitution and Congress's power of the purse. President Obama counters that Congress has no grounds for a lawsuit because members have not suffered a "concrete injury or specific harm" from the action.
More than seven million people have insurance purchased through the federal marketplace. About 60 percent of them receive cost-sharing reductions, which lower their out-of-pocket costs for doctorsâ services, hospital care and prescription drugs.
The discounts are available to people with incomes from 100 percent to 250 percent of the poverty level (roughly $11,700 to $29,300 a year for an individual).
This type of assistance is different from the subsidies upheld by the Supreme Court on Thursday. The subsidies, in the form of tax credits, help people pay insurance premiums.
-New York Times
Other lawsuits are coming from all over the place, including "dozens" that challenge the ACA's rules that Health plans must cover contraceptives without co-payments or deductibles to women who want it. So if you thought the circus was over, well....
not exactly.
Twice now the Affordable Care Act has been sued and twice it's been upheld by the Supreme Court. The recent challenge was settled in a 6-3 decision, with Chief Justice John G. Roberts joining the majority with Justices Kennedy, Breyer, Ginsberg, Kagan, and Sotomayor to reaffirm subsidies for low and middle-income Americans.
Somehow I just knew the party wasn't over. Republicans will not let go of the ACA precisely because it works. There argument isn't one of concern for the "American People", it's an ideological fight, fanned by the flames of fanaticism. They cannot argue that it hurts insurance markets because insurance company's stocks have grown enormously since the ACA was enacted. They fight it every which way they can, because they don't want people to know that Government can get some things right.
That's not to say the ACA doesn't have problems, it does. But the idea that markets are going to collapse, the budget deficit is going to explode, there'll be death panels, Armageddon is coming, etc is completely false.
Budget deficits have gone down in recent years, there aren't any death panels, insurance companies are as disgustingly rich as ever and Armageddon isn't here. So what else are they going to complain about? If Republicans don't have a narrative to push, they lose the battle; if they lose the battle, people will take up more battles and before long the Republicans lose the war.
It is more important than ever that people know the war over the ACA isn't ending anytime soon. If anything, it is likely to be a central issue in the upcoming 2016 Presidential Elections.
Democrats must be willing to defend this Law long after President Obama leaves office. Commitment to Healthcare for lower and middle-income Americans must be a line that no Democrats will be willing to cross, and Liberal groups must be ready to primary any Democrat not willing to defend it.
If people lose all faith in the Government's ability to help them, than any advantage Democrats might have in future elections will be lost. The Liberal base and minorities would abandon Democrats and Republicans would continue rigging the Economy and the Electorate in their and their wealthy benefactor's favor. Our Democracy would be lost to us forever.