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Morning Briefing

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Tuesday, Sep 22 2020

Full Issue

How The Dynamics Of Obamacare Case Before High Court Have Changed

The vacancy on the Supreme Court heightens the drama over the future of Obamacare.

What would happen if the Supreme Court struck down the Affordable Care Act? The fate of the sprawling, decade-old health law known as Obamacare was already in question, with the high court expected to hear arguments a week after the presidential election in the latest case seeking to overturn it. But now, the death of Justice Ruth Bader Ginsburg increases the possibility that the court could abolish it, even as millions of people are losing job-based health coverage during the coronavirus pandemic. (Abelson and Goodnough, 9/21)

The death of Justice Ruth Bader Ginsburg means the Supreme Court will have a smaller liberal wing when it hears the latest Obamacare challenge in November. That case, California v. Texas, could unwind Obamacare completely if the Supreme Court rules in favor of 20 Republican-led states and the Trump administration鈥檚 Justice Department. The Democratic nominee for president, Joseph R. Biden Jr., has already begun linking the court vacancy to Obamacare鈥檚 future, telling a crowd in Philadelphia this weekend that 鈥渉ealth care hangs in the balance鈥 with this year鈥檚 election. A more conservative court may invite further litigation against the health law, which has faced multiple Supreme Court challenges in its decade-long existence. (Kliff and Sanger-Katz, 9/21)

Health care was already a major focus in this fall鈥檚 election, but the death of Justice Ruth Bader Ginsburg on Friday adds a new layer of urgency to the issue: the Supreme Court is set to hear a lawsuit challenging the constitutionality of the Affordable Care Act (ACA) on Nov. 10, exactly one week after Election Day. Ginsburg voted to uphold the law in the past, along with the Court鈥檚 other liberal justices and Chief Justice John Roberts. With all of those justices still in place before Friday, most in Washington had assumed that this latest case would end the same way, with a split vote preserving Obamacare. But now that Ginsburg鈥檚 seat is vacant, the future of the ACA鈥攁nd the health coverage it provides millions of Americans鈥攊s suddenly in question. (Abrama, 9/21)

President Donald Trump鈥檚 chance to fill Justice Ruth Bader Ginsburg鈥檚 seat could shape the Supreme Court鈥檚 jurisprudence for years to come, but a newly-appointed judge could affect 20 million Americans鈥 health care 鈥 and how much they pay for it 鈥 a lot sooner. One week after Election Day, the high court is scheduled to hear arguments Nov. 10 on whether the Affordable Care Act (ACA), also known as 鈥淥bamacare,鈥 is null and void. (Keshner and Passy, 9/22)

The death of U.S. Supreme Court Justice Ruth Bader Ginsburg and the ensuing fight to replace her has thrust the future of health care in Florida into the spotlight during the closing weeks of a narrowing race for the White House in the Sunshine State. With his third appointment to the high court, Republicans hope President Donald Trump can deliver the final blow to the Affordable Care Act after a decade of GOP efforts to dismantle the federal health care law. The Supreme Court is scheduled to revisit the law a week after Election Day in November. (Contorno, 9/22)

With COVID-19 the newest preexisting condition, the Obama-era health law that protects Americans from insurance discrimination is more fragile following the death of Justice Ruth Bader Ginsburg. A week after the presidential election, the Supreme Court is scheduled to hear arguments on an effort backed by President Donald Trump to strike down the Affordable Care Act, or ACA, in its entirety. Former President Barack Obama鈥檚 landmark law bars insurers from turning away people with health problems, or charging them more. (Alonso-Zaldivar, 9/21)

Also 鈥

Shares of health insurers and hospitals sold off sharply Monday, following the death of supreme court justice Ruth Bader Ginsburg and the looming battle to confirm her replacement. Analysts say it creates a new level of uncertainty over the future of the Affordable Care Act, also known as Obamacare. 鈥淚t sounds like the Republicans are really gonna push for a supreme court nominee approval before the new administration ( and) the fear is that the ACA will be probably repealed,鈥 said Jefferies health care analyst Brian Tanquilut, adding 鈥淚鈥檓 not sure that鈥檚 necessarily the case, but obviously that鈥檚 the fear that鈥檚 been baked into the stocks right now.鈥 (Coombs, 9/22)

Stock prices for hospitals were down in early trading on Monday amid uncertainty about the fate of the Affordable Care Act, which faces a hearing in November before the now 8-member Supreme Court. Associate Justice Ruth Bader Ginsburg died Friday night and President Donald Trump and Senate Majority Leader Mitch McConnell (R-Ky.) have said they intend to try to fill her vacancy on the bench quickly. That introduces more uncertainty into the final decision on the latest ACA appeal on Nov. 10. (Cohrs, 9/21)

When news broke that Supreme Court Justice Ruth Bader Ginsburg had died at age 87, Pooja Patel, a 27-year-old living in D.C., called her sister and cousin. 鈥淚 was like, okay, RBG died, it means the Supreme Court is going to be controlled by conservatives, that changes everything,鈥 she said. By the end of the call, she鈥檇 convinced both to do what she had been begging them to since the 2016 election: get an IUD. (Cirruzzo, 9/21)

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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