The plaintiffs have not suffered any harm, so they do not have the right to sue”
Supreme Court decision to continue Obamacare for the third time in 11 years
“Obamacare repeal” Republican party loses momentum for 10 years
Protesters wave a sign that reads ‘Health Insurance Voters’ in front of the U.S. Supreme Court in Washington, USA on November 10, 2020 (local time). Washington/AFP Yonhap News
The U.S. Supreme Court on the 17th (local time) upheld the Affordable Care Act, also known as ‘Obama Care’. It is the third Supreme Court decision to maintain this law, and it is evaluated that the Republican Party’s claim to “abolish Obamacare” for more than 10 years has lost its momentum.
The U.S. Supreme Court dismissed a 7-2 case in 18 Republican-controlled states, including Texas, and two individuals seeking to annul Obamacare because it was unconstitutional. Four conservative justices joined the three liberal justices, Stephen Brier, Elena Kagan and Sonia Sotomayo. Chief Justice John Roberts, who has served as a counterweight to conservative but progressive rulings, as well as Clarence Thomas, Brett Kavanaugh and Amy Connie Barrett joined the dismissal. Kavanaugh and Barrett were appointed by former President Donald Trump. Only the hardline conservative Justices Samuel Allito and Neil Gorsearch opposed the dismissal, with only a minority opinion. It is a painful defeat for the conservative camps, including the Republican Party, as the decision was made in a situation in which the Supreme Court was inclined to an absolute conservative advantage with a score of 6 to 3 during the Trump era.The biggest issue in this lawsuit, filed in 2018, is whether the ‘compulsory subscription’ clause, which required a fine if you don’t sign up for ObamaCare, was unconstitutional as the Trump administration in 2017 made it possible to avoid fines through a tax cut bill. is about The plaintiffs argue that if you do not have to pay a fine, it is not compulsory subscription, and if so, there is no constitutional basis for Obamacare, and the law should be invalidated. However, the seven Supreme Court justices decided to dismiss the case without going to judgment on this issue, taking into account the plaintiff’s qualifications. The 18 states and two individuals who filed lawsuits have not been directly harmed by the penalty clause or the repeal of the fine.”This decision reaffirms what we’ve known for a long time to be true,” Obama said on Twitter. That is, the National Health Insurance Act will be here.”After then-President Barack Obama signed the Obamacare Act in 2010, it is the third time after 2012 and 2015 that the Supreme Court has made a decision to continue the law. The Republican Party has repeatedly attempted to repeal this law to expand health insurance subscriptions, saying that it is a step toward medical socialism by the state intervention in individuals’ insurance choices. However, the public opinion was in the direction of Obamacare, with a survey result (December 2020) showing that the opinion in favor of the maintenance of Obamacare (55%) was higher than the opinion against (34%). Another analysis continued that if Obamacare were repealed, 21 million people would lose insurance benefits and 133 million people with underlying medical conditions could be denied coverage by insurance companies. Republicans haven’t passed a repeal bill in Congress in 11 years, and former President Trump has offered a better alternative to Obamacare, but it hasn’t been implemented.In the end, as even the Supreme Court gives strength to maintain this law for the third time, it is predicted that the Obamacare debate in the US will move to ‘improvement’ rather than ‘abolition’. The Democratic Party, which has advocated maintaining Obamacare in every election such as the last presidential election, is further discussing the easing of eligibility for health insurance and the establishment of state-led public insurance. Republicans are also showing their willingness to focus on lowering the threshold for health insurance rather than repealing Obamacare ahead of next year’s midterm elections, The New York Times reported.