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Morning Briefing

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Tuesday, Dec 18 2018

Full Issue

Different Takes: Lessons About Anxiety Over Losing Protections For Preexisting Conditions; Relax, The Health Law Is Still In Our Future

Opinion writers weigh in on issues surrounding the future of the Health Law.

鈥淗ow many times do we have to go through this?鈥 That鈥檚 what Kathy Tomasic wants to know. Painstakingly, she has planned her life 鈥 and that of her teenage son, who has a rare genetic disorder 鈥 around access to health care. She did so based on a specific set of assumptions about what kinds of insurance would be available to her family, under what conditions and for how many years.聽(Catherine Rampell, 12/17)

The words 鈥淥bamacare鈥 and 鈥渦nconstitutional鈥 in quick succession made for scary weekend reading in the health-care community, and that fear played out in a聽market聽rout on Monday 鈥斅爐he first chance shareholders had to react to聽a Texas judge鈥檚聽decision late last week to strike聽down the law.聽But a massive sell-off聽arguably isn鈥檛 warranted. Uncertainty is unpleasant, but the Affordable Care Act聽isn鈥檛 going away聽any time soon, and most likely isn鈥檛 going anywhere at all.聽(Max Nisen, 12/17)

Now that a Texas judge has ruled that the entire Affordable Care Act is unconstitutional 鈥 all because of its individual mandate 鈥 Republicans may find themselves wishing for a different outcome.The big picture: There is little hope of a deal with Democrats on health reform in a divided Congress if the decision is upheld. Democrats will now use the 2020 campaign to paint Republicans as threatening a host of popular provisions in the ACA. And here鈥檚 the kicker: protections for pre-existing conditions, the provision that played such a big role in the midterms, is not even the most popular one. (Drew Altman, 12/18)

Last week鈥檚 ruling by a federal judge in Texas that the Affordable Care Act is unconstitutional may yet be reversed on appeal. But that shouldn鈥檛 let Republicans off the hook for endangering the health care of millions of Americans, especially those with pre-existing medical conditions.President Donald Trump, Sen.-elect Josh Hawley, R-Mo., and other Republicans have insisted they won鈥檛 abandon those people. They now have an obligation to explain how they intend to replace their coverage if this flawed ruling survives. (12/17)

Can you recall a case in which a political party united to bring a lawsuit demanding that a law they bitterly opposed for the better part of a decade be struck down, they won a ruling in their favor, and then not only didn鈥檛 they celebrate, but they seemed to desperately hope no one would notice? That鈥檚 what鈥檚 happening right now. Some months ago, Republicans filed a lawsuit demanding that the entire Affordable Care Act be struck down on some ludicrously tendentious grounds; the lawsuit was supported by 20 Republican-controlled states and the Trump administration. (Paul Waldman, 12/17)

Thanks to President Donald Trump鈥檚 slashes to the federal government鈥檚 Affordable Care Act advertising budget and his administration鈥檚 鈥渟abotage鈥 of "Obamacare," hundreds of thousands of clueless people have been left in the dark and aren鈥檛 enrolling in Obamacare鈥攁t least, that鈥檚 what countless reporters and pundits would have you believe. However, the truth is this issue is far more complex that what many on the Left suggest. (Justin Haskins, 12/17)

When federal Judge Reed O鈥機onnor effectively聽struck down the Affordable Care Act on Friday, there was a chorus of shock聽and dismay across the country from politicians and pundits alike. However, the decision is in many ways a bill come due for聽a number of key players in the ACA鈥檚 history. Not聽the least of them is Chief Justice John Roberts. Roberts saved the ACA in 2012 by defining a key provision as a tax. That tax is now gone and, with it, Roberts鈥 very narrow rationale for preserving the original health care scheme. (Jonathan Turley, 12/17)

A federal judge in Texas struck down the Affordable Care Act on Friday, but it鈥檚 not the end of the line for the crucial, long-beleaguered health insurance program. The judge, Reed O鈥機onnor, did not rule that the law must be enjoined immediately. That effectively means the Affordable Care Act can proceed as usual while the latest legal challenge works its way through the appeals courts. (12/17)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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