Nearly five years after President Barack Obama signed his health care
overhaul into law, its fate is yet again in the hands of the Supreme
Court.
This time it's not just the White House and Democrats who have reason to
be anxious. Republican lawmakers and governors won't escape the
political fallout if the court invalidates insurance subsidies worth
billions of dollars to people in more than 30 states.
Obama's law offers subsidized private insurance to people who don't have
access to it on the job. Without financial assistance with their
premiums, millions of those consumers would drop coverage.
And disruptions in the affected states don't end there. If droves of
healthy people bail out of HealthCare.gov, residents buying individual
policies outside the government market would face a jump in premiums.
That's because self-pay customers are in the same insurance pool as the
subsidized ones.
Health insurers spent millions to defeat the law as it was being
debated. But the industry told the court last month that the subsidies
are a key to making the insurance overhaul work. Withdrawing them would
"make the situation worse than it was before" Congress passed the
Affordable Care Act.
The debate over "Obamacare" was messy enough when just politics and
ideology were involved. It gets really dicey with the well-being of
millions of people in the balance. "It is not simply a function of law
or ideology; there are practical impacts on high numbers of people,"
said Republican Mike Leavitt, a former federal health secretary.
The legal issues involve the leeway accorded to federal agencies in
applying complex legislation. Opponents argue that the precise wording
of the law only allows subsidies in states that have set up their own
insurance markets, or exchanges. That would leave out most
beneficiaries, who live in states where the federal government runs the
exchanges. The administration and Democratic lawmakers who wrote the law
say Congress' clear intent was to provide subsidies to people in every
state.
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