A project of the Galen Institute
When the Supreme Court last week swatted down a legal challenge that could have crippled a centerpiece of President Barack Obama's health-care law, it merely kicked the debate back from the legal to the political arena. Conservatives are still determined to fight Obamacare. But now, they're fighting over how to fight it.
House Republicans' lawsuit against the Obama administration might have gotten an unexpected boost this week from the Supreme Court.
In a new legal filing Tuesday, attorneys for the House GOP said there's a fresh precedent supporting their suit challenging the administration's implementation of Obamacare—the Supreme Court's ruling Monday on congressional redistricting.
The National Interest
After last week’s terribly disappointing Supreme Court decision in King v. Burwell, Obamacare opponents have fewer options. They should reexamine their well-worn playbooks of the past. More of the same will produce less and less.
In the wake of the Supreme Court’s disappointing King v. Burwell decision, many are asking what comes next for those of us who have opposed Obamacare as a disastrous federalization of American health care. I predict that the Republican party will quickly divide into three camps on health-care politics.
While most of the reaction to the Supreme Court’s decision in King v. Burwell has centered on the political victory for the president and the various winners and losers from the decision itself, a more far-reaching consequence has received much less notice. The legal dispute hinged around whether a law means what it says, or means what someone reading later – say, an admistration official – thinks it must have really meant, or prefers it would have meant. More generally, however, the issue raised is whether laws passed by Congress have to be administered as written, or whether a President can change the law it will in whatever what he or she thinks will be better.
If you thought the legal fight over the health care overhaul was finally over, think again. At least four issues related to the Affordable Care Act still are being sorted out in the courts, although none seems to pose the same threat to the law as the challenge to nationwide subsidies that the court rejected on Thursday, or the constitutional case that the justices decided in favor of the law in 2012.
State regulators typically use their power to review health insurance premiums to limit rate hikes. But in Oregon, officials are ordering insurers to raise premiums — in many cases by double digits.
The regulators pointed out that insurers spent over $100 million more than they took in last year. Any more money-losing years like that, and some carriers would surely go bankrupt.
The New York Times
The Supreme Court issued an order on Monday that allows certain nonprofit religious groups to avoid compliance with federal rules concerning insurance coverage of contraceptives for women.
The order bars the Obama administration from enforcing the rules against the religious groups and church officials until the court decides whether to hear an appeal they filed this year.
The GOP’s best chance of knocking down the Affordable Care Act disappeared Thursday when the Supreme Court sided with the administration in King v. Burwell. With the case decided, the Senate could start holding the anti-Obamacare votes leadership said they wanted to attempt when they took the chamber this year.
But with a crowded floor schedule, the prospect of tough amendment votes under regular order and disagreement over what budget reconciliation should be used for, it’s unclear how Republicans will go about taking those votes.
Real Clear Politics
It’s an established fact of social science, replicated in surveys dating to the Nixon administration, that conservatives are happier than liberals. It stands to reason, then, that liberals whine more than their counterparts on the right. The litany of liberal complaints includes Republicans, Fox News, global warming “deniers,” conservatives’ silly fixation with religious freedom, and the United States Supreme Court.