The Trump Administration has at least given the courts another chance to kill Obamacare.
Did the President kill Obamacare? Probably not yet. But he set up the Supreme Court to deal with it again, and this time John Roberts’ own words will demand that he kill Obamacare. Roberts, remember, said the individual mandate was Constitutional because, and only because, it was really a tax. But in 2019 the penalty—or “tax”—gets reduced to nothing. Without a “tax” the rationale for the law ceases to be constitutional!
The Department of Justice is refusing to defend Obamacare against the lawsuit.
Justin Haskins asks at TownHall.com, “Did President Trump Just Kill Obamacare?“
Liberals are right to be concerned. It’s hard to imagine the ACA’s individual mandate could be considered constitutional on the basis of it being a tax if the tax is eliminated, and it’s equally difficult to imagine the law would have been passed by Congress without the individual mandate, which the law itself calls “essential” to the operation of the Obamacare health insurance exchanges. But what about all those people who rely on the Obamacare exchanges for their health insurance? Many liberals are arguing the Trump administration’s decision will put millions of people at risk of losing their insurance.
Several important considerations must be kept in mind. First, if the law is unconstitutional, it shouldn’t matter what the consequences are. The Constitution is the Supreme Law of the United States, and we can’t start tolerating unconstitutional laws because we’re worried what might happen if we force Congress to follow the rule of law.
Second, it’s extremely unlikely Congress would allow millions of people to suddenly lose their health insurance. Congress would almost certainly be forced to pass a new — and hopefully better — law to replace Obamacare, one that would grant power to the states to determine the best method for helping people with pre-existing conditions and lower-income families.
Third, Obamacare is already in the midst of a horrific death spiral. Health Pocket reports families enrolled in Obamacare Bronze Plans must pay a maximum out-of-pocket cost of $13,905 before health insurers will cover all costs for medical care, and Bronze Plan premiums increased by more than 20 percent from 2017 to 2018. It’s only a matter of time before the whole system comes crashing down.
Did the Trump administration kill Obamacare? No, but it may have just put this terrible law on life support. It’s up to the courts to decide what happens next.
The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by EagleRising.com