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ACA Faces Conservative’s Wrath On Supreme Court

October 1, 2020

If the 2020 presidential election is the titanic storm politically, there can be no doubt the upcoming legal fight at the Supreme Court over the Affordable Care Act can be rightful termed the same for the health care needs of the nation. With no health care plan to replace the broad-based ACA, which assists millions with pre-existing conditions, the potential catastrophe caused by conservative’s antipathy towards health care for all is soon coming to a home near you.

The case which the court will hear (Texas v. California, No. 19-1019) comes from the far-right wing of the nation. Republican attorneys general, led by Texas, continue to make their claim that the legislation’s individual mandate provision was made unconstitutional when its penalty was set to $0 under Donald Trump’s 2017 tax overhaul. Their argument stems from the court’s 2012 ruling that upheld the Affordable Care Act, and which found that the law was an appropriate use of Congress’s power to tax.  But it the conservatives can swing their partisan ax from the high bench and have the individual mandate provision declared unconstitutional then the wet-dream of the right-wing is closer at hand. Namely, the entire ACA being flushed by the court.

If the knuckle-draggers on the right have their way every home in the nation will feel the negative impact. The most dire consequence of a court that seeks a partisan ruling would harm nearly 100 million people with pre-existing conditions.

2018 analysis by Avalere, a health care consulting firm, estimated that 102 million Americans have preexisting conditions. A 2019 analysis by the Center for American Progress suggested 135 million people.

But there would be other harmful outcomes if conservatives should prevail. Gone would be subsidies to make individual health insurance more affordable, expanded eligibility for Medicaid, coverage of young adults up to age 26 under their parents’ insurance policies, coverage of preventive care with no patient cost-sharing, closing of the doughnut hole under Medicare’s drug benefit, and a series of tax increases to fund these initiatives.

Republicans have long cared more about tax rates for corporations, and some mythical notion of ‘limited government’ than the quality of life for the citizens of the nation. Being anti-egalitarian is their calling and denying accessible health care for all has been one of their fervent undertakings for decades. They are lined up now to have a real chance of succeeding.

Just one more very stark example of what separates the nation, the political parties, and those with a social conscience and those without.

And so it goes.

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