The Trump administration asked the Supreme Court late Thursday night to repeal the Affordable Care Act, known as Obamacare.
Over 20 million Americans rely on Obamacare for health care.
The move comes amid record-high unemployment and the COVID-19 pandemic, which has infected some 2.5 million Americans and killed more than 124,000 people.
The Republican-led Congress has petitioned the Justice Department to repeal Obamacare, citing the repeal of a fine - personal mandate for the lack of health insurance voted on in the 2017 tax bill. Complete law.
In the midst of the coronavirus pandemic, the Trump administration asked the Supreme Court on Thursday to repeal the Affordable Care Act known as Obamacare.
At a midnight briefing, the Justice Department filed a court order to overturn Obamacare, calling for the repeal of a personal mandate - a tax penalty for lack of health insurance removed from the law by a Republican-led congressional law in 2017 - an invalid full law.
"No separate analysis is required; once the individual mandate and guarantee-issue and community-rating provisions are invalid, the rest of the ACA cannot escape," the Justice Department said in a statement to Politico.
On the same day that the government filed the latest High Court, the government reported that nearly half a million people who lost health insurance amid the financial bandwagon to slow the spread of COVID-19 received coverage through Healthcare.gov.
On Thursday, another day of U.S. cases hit a record high, with 39,327 new coronavirus infections detected nationwide. The virus was not mentioned in the Trump administration's legal brief.
Some 20 million Americans may lose their health coverage, and care for those with pre-existing health conditions is also at risk if the court agrees with the administration in a case that does not come before trial.
In the case before the Supreme Court, Texas and other conservative-led states argued that the ACA was unconstitutional after Congress passed a tax law in 2017 that made the law an unpopular fine for repealing health insurance, but abandoning its need for coverage.
After Republicans controlled Congress in the wake of the repeal of Obamacare in 2017, President Donald Trump put the weight of his administration behind the legal challenge.
Texas 19 states have argued that the provision that everyone should have health insurance is unconstitutional, after covering a major part of the congressional mandate, a tax penalty for not buying coverage.
In December 2018, U.S. District Judge Reid O'Connor of the Northern District of Texas agreed with those states that a personal mandate was unconstitutional. Because the mandate was a mandatory part of the ACA in the eyes of the judge, they had to rule out repealing the entire health law.
The 5th Circuit Court of Appeals in New Orleans passed a complicated ruling on the law last year. As the NRP explained: "So this decision is, yes, a zero-dollar find unconstitutional. But when it comes to cutting the rest of the law, they are cheating it. They sent it back to the district." "
Democratic-led states appealed the Supreme Court ruling earlier this year.
As Solicitor General Noel Francisco writes on Thursday that "health insurance is not necessary," it is imperative that the rest of the ACA fall.
The Trump administration's views on what parts of the ACA can be kept or changed if the law is overturned over time. But in legal claims, it always supports getting rid of Obamacare regulations that prohibit insurance companies from discriminating against people based on their medical history.
However, Trump has repeatedly assured Americans that people with anxiety disorders will still be protected. The White House or congressional Republicans did not specify how.
House Speaker Nancy Pelosi dismissed the move in the last tweet Thursday, saying the move was "reversing the protection and benefits of the Affordable Care Act in the midst of the coronavirus crisis."
"There is no legal justification and moral excuse for the Trump administration's devastating efforts for the health of Americans," Pelosi said in a statement. "On the first day of this Congress, the House Democratic majority voted to throw the full legal weight of the House of Representatives against this dangerous lawsuit."
"While President Trump has tried to remove protections for people with pre-existing conditions, Democrats are working on the Affordable Care Act to reduce healthcare costs and drug prices," she continued.
New sign-ups for health coverage come from the Medicare & Medicaid Services Center. Statistics are partial because they do not include sign-ups from states that run their own health insurance market. Major states, such as California and New York, are not counted in federal statistics.
27 million people may lose their job-based coverage because of layoffs, and it is unclear what - if any - they are replacing as a comeback. Employers who lose health care are entitled to a separate sign-up period for subsidy plans under the Obama-era law. Many may qualify for Medicaid.
Nearly 487,000 people signed up with Healthcare.gov after losing coverage at their workplace this year, according to a government Thursday report. This is a 46% increase compared to the same period last year.
The Trump administration has not been criticized for making these available backups public, like states like California. In response, administration officials said they had updated the Healthcare.Gov website to inform customers about the specific sign-up period.
California Attorney General Xavier Becerra, the ACA's attorney, rejected the ruling late last night from the Trump administration.
"President Trump has shown us who he really is in this brutal lawsuit," Bisera said in a statement to Business Insider. "We expect to win DACA the same way we do: with facts, law, and the American people on our side."
0 Comments