Obamacare upheld by SCOTUS


Click to enlargeJim Lo Scalzo/EPA

Chief justice John Roberts has come to the rescue of Barack Obama’s healthcare reforms for a second time as the US supreme court struck down a Republican-led challenge to Obamacare that could have gutted the legislation and stripped millions of Americans of their health insurance.

Rescue? No. Roberts may be a conservative dork; but, his style of judgement rests on the intent of Congress and law. Passed by a Congress lightyears ahead of what we’ve had to bear since Year 3 of Obama, the intent of the ACA was clear and Roberts supported the law – as far as Congress went.

The decision in the high-stakes case of King v Burwell all but guarantees that Obamacare will survive intact until at least the 2016 election, giving its supporters hope that it will become impossible to reverse even if a Republican is elected to the White House.

The case, which turned on the meaning of four words – “established by the state” – was brought by Virginia limousine driver David King, who sued the then health secretary, Sylvia Burwell, on the grounds that insurance subsidies erroneously paid to those on low to middle incomes forced him to take out cover against his will by pushing him above an affordability threshold…

In most respects, the same as laws establishing minimum levels of automobile insurance. Opposed just as vehemently in its day by cheapskate conservatives who hate paying for anything.

But six of the nine justices, including Roberts, sided with the government in agreeing that other parts of the legislation made the broader meaning clear and allowed subsidies to be paid to exchanges run by states or the federal government.

“Given that the text is ambiguous, we must turn to the broader structure of the act to determine the meaning,” wrote Roberts in a passage that represents a huge victory for the Obama administration…

Democratic frontrunner Hillary Clinton…praised the court’s decision, tweeting: “SCOTUS affirms what we know is true in our hearts & under the law: Health insurance should be affordable & available to all.”

Fellow presidential candidate and leftwing Vermont senator Bernie Sanders praised the court for recognizing “the common-sense reading of the Affordable Care Act” but went on to call for replacing Obamacare with a “Medicare-for-all, single-payer system”.

If and when we get a Congress that not only fights for the needs of average Americans; but, has the courage to provide a bit of leadership – we’ll get round to Bernie’s proposal. Only a bit over a half-century after the rest of the industrial West did so.

Which prompts me to note why I – as someone who has nothing more than contempt for the 2-party/electoral college bordello our politics are chained to – still suggest voting for Democrats when there isn’t a progressive 3rd-Party alternative. If we leave a mediocrity to fall into the hands of truly corrupt class-worshippers, we’re really in line to be screwed. And we will be getting what we deserve for our inaction.

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