Monday Open Thread | Yes…the Demons Are STILL After Obamacare

This came through last week.

Trump’s Justice Department says the ACA is unconstitutional

The Justice Department will not defend the Affordable Care Act in court, and says it believes the law’s individual mandate — the provision the Supreme Court upheld in 2012 — has become unconstitutional.

Why it matters: The Justice Department almost always defends federal laws when they’re challenged in court. Its departure from that norm in this case is a major development — career DOJ lawyers removed themselves from the case as the department announced this shift in its position.

The details: The ACA’s individual mandate requires most people to buy insurance or pay a tax penalty. The Supreme Court upheld that in 2012 as a valid use of Congress’ taxing power.

When Congress claimed it repealed the individual mandate last year, what it actually did was drop the tax penalty to $0.

So the coverage requirement itself is still technically on the books. And a group of Republican attorneys general, representing states led by Texas, say it’s now unconstitutional — because the specific penalty the Supreme Court upheld is no longer in effect.

The Justice Department agreed with that position in a brief filed Thursday night.

DOJ said the courts should strike down the coverage requirement, as well as the provision of the law that forces insurance companies to cover people with pre-existing conditions.

 

From the LA Times:
Got a preexisting condition? The Trump administration wants insurers to deny you coverage

In its latest effort to undermine the Affordable Care Act — and in the process, raise premiums for many Americans — the Trump administration is urging a federal judge in Texas to throw out the law’s protections for people with preexisting conditions.

In other words, the administration wants insurers to be able to deny coverage to the people most in need of it, or to charge them considerably higher premiums than they’re allowed to charge today.

This is jaw-dropping. Even Republicans who’ve complained about Obamacare have been loath to undo the protections for people with preexisting conditions who are not covered by large employers’ health plans. That’s because the public supports them, and unequivocally so.

A Kaiser Family Foundation poll in June 2017 showed that 70% of those polled, including 59% of Republicans, wanted Washington to continue barring insurers from charging people with preexisting conditions more for their coverage. Federal law has long provided such protection for people with health benefits at work; the ACA extended it to people shopping independently for insurance.

But then, the administration has done just about everything in its power to toss older, less healthy people under the bus if they’re unfortunate enough not to be covered by employer health insurance plans.

From Andy Slavitt:

Before I get into it, I have to stop and just repeat this another way:

The DOJ, responsible for upholding the rule of law, is not defending the people in a frivolous lawsuit to say that wi5out the mandate, the rest of the ACA can’t be enforced. 2/

— Andy Slavitt (@ASlavitt) June 8, 2018

NEW- CLARIFICATION OF WHAT TRUMP WANTS INSURANCE COMPANIES TO BE ABLE TO DENY OR UP-CHARGE FOR:

-Asthma inhaler
-Mild anxiety
-Alcoholism
-Toe fungus
-Being 50
-High blood pressure
-Birth control

Individual coverage for cancer, diabetes, a transplant, epilepsy wouldn’t exist https://t.co/CRFEYwEP45

— Andy Slavitt (@ASlavitt) June 8, 2018

300,000 people in each Congressional district have a pre-existing condition. Thursday Trump filed papers to end their guaranteed access to insurance.

Members of Congress who supported the tax cut set this in motion. Their phones might start ringing. https://t.co/GvjRSAul44

— Andy Slavitt (@ASlavitt) June 9, 2018

If ever you needed a reason to work to flip the House and Senate in 2018, this is it.

The Trump administration is refusing to uphold the law. Your pre-existing condition will not be covered if this goes any further.#SaturdayMorning#AMJoy https://t.co/c5AFYlMk0R

— Holly Figueroa O’Reilly 🌊 BWCS (@AynRandPaulRyan) June 9, 2018

NEW: 👀 Politico reports Trump plans to roll out a new blueprint for HHS. If these turn out to be true, health programs could be relabeled as welfare.

Would require Congress’s support and makes midterms . . . important.

https://t.co/VLZn8exhfJ via @politico

— Andy Slavitt (@ASlavitt) June 6, 2018

In light of yesterday’s news that the Justice Department will no longer be defending the Affordable Care Act, a reminder: the ACA isn’t collapsing. It’s being mugged. https://t.co/TvvtYrIJka

— Senator Angus King (@SenAngusKing) June 8, 2018

https://t.co/TOPb70qXCB

— Andy Slavitt (@ASlavitt) June 10, 2018

Healthcare is WELFARE?

HUH?

This isn’t some political shouting match. They really are coming after you and your healthcare. And they will be stopped if we win, but they will most certainly go through with it if we lose. https://t.co/eoAdPKKiu3

— Brian Schatz (@brianschatz) June 9, 2018

Let’s be clear-they want to take away healthcare from everyone, except for those who had it before Obamacare. If you have a pre-existing condition, you will be once again SOL.

The Trump Administration decided to support axing pre-existing condition protections effective Jan 1, 2019.

It shows repeal-and-replace was not their goal. This is pure repeal. https://t.co/ReioE3zmUH

— Andy Slavitt (@ASlavitt) June 8, 2018

Um no…they are only mad that he did this BEFORE the midterms. They aren’t coming out AGAINST what Dolt45 is proposing. Not in strong terms.

Republicans spent Friday fleeing from the Trump administration’s legal effort to dismantle Obamacare. W/ @jenhab:https://t.co/CLoQ84Ng6J

— Adam Cancryn (@adamcancryn) June 8, 2018

So, we have to tell everyone you know. Everywhere you go. Everyone knows someone with a pre-existing condition. Tell them that their vote in November 2018 LITERALLY could mean THEIR LIFE.