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Thu Oct 31, 2019, 07:17 PM

A Federal Court May Soon Do What Congress Could Not: Obliterate Obamacare [View all]


Jurisprudence
A Federal Court May Soon Do What Congress Could Not: Obliterate Obamacare
Thousands organized to save the Affordable Care Act in 2017. Now the entire law may be struck down when no oneís looking.
By Dahlia Lithwick and Mark Joseph Stern
Oct 31, 2019
5:45 AM


The Trump administration is trying to take away health care from millions of Americans. Yet nobody is campaigning on, fundraising off, or publicizing this imminent threat. Thatís astounding. But any day now, aided and abetted by the 5th U.S. Circuit Court of Appeals, the Trump administration is poised to stick a knife in the heart of what remains of the Affordable Care Act. At minimum, this president will be throwing 20 million people who obtained insurance under the ACA off of their plans. That should be something we are reminded of daily.

The notoriously conservative appellate court will decide a challenge to a state-led effort to end the ACA once and for all, on the dubious legal theory that, when Congress chose not to kill Obamacare in 2017, it actually intended to kill the law. If the court embraces this theory, it could send the American health care system into a tailspin and affect nearly all Americansí coverage to varying degrees. A three-judge panel of that court heard arguments in July. A decision is imminent.

Elections rise and fall on guarantees of affordable, efficient health care. But this looming catastrophe hasnít come up at a single Democratic debate. It has been absent from the daily news cycle for months. Donald Trumpís fiercest critics on the hill rarely mention it. Yes, itís easy to be distracted. After all, the Trump administration is simultaneously kidnapping children from migrant parents and bilking students to repay loans and facing an impeachment effort. But if the court he packed succeeds in destroying the ACA, it could be the single most consequential event of Trumpís presidency, and can sit right up there with the rescission of the Deferred Action for Childhood Arrivals program, the travel ban, and the family separation policy as humanitarian catastrophes. And yet almost nobody is talking about it, because itís happening in the courts, in the dark, and yet also right out in the open.

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https://slate.com/news-and-politics/2019/10/obamacare-fifth-circuit-texas.html

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Reply A Federal Court May Soon Do What Congress Could Not: Obliterate Obamacare [View all]
babylonsister Oct 2019 OP
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