Marin Independent Journal

Obamacare in spotlight as Supreme Court shifts

- ByAbby Goodnough

The death of Justice Ginsburg has brought fresh urgency to an issue that had dropped among voter priorities.

WASHINGTON » Less than six weeks before the election, the death of Justice Ruth Bader Ginsburg has injected fresh urgency into an issue that had dropped down the list of voter priorities this year: the future of the Affordable Care Act.

The Supreme Court is scheduled to hear arguments Nov. 10 in a case, which the Trump administra­tion has filed briefs supporting, that seeks to overturn the law. President Donald Trump’s nomination of Amy Coney Barrett, who has criticized the court’s 2012 decision to uphold it, increases the chance of that happening.

Liberal advocacy groups are using the prospect to whip up new advertisem­ents declaring that

Trump “wants to rush a justice onto the court who will repeal our health care,” as one says. Democrats in Congress have sprung into action with news conference­s and pep talks to campaign volunteers

featuring people with preexistin­g medical conditions who were able to get coverage because of the law. Joe Biden’s campaign, too, made clear upon Ginsburg’s death that it would frame the court fight largely as one about health care.

Even if Democrats have little chance of blocking Barrett’s confirmati­on, they are hoping to reignite the public passion to protect the law that helped Democrats recapture the House in 2018, a year after Republican­s in Congress came close to repealing it. This time, party leaders are quick to point out, the election is coming amid a pandemic that has left many Americans requiring expensive medical care, including for potentiall­y long-term health problems that insurers could refuse to cover if the lawand its protection­s with people for preexistin­g conditions were repealed.

“That was the issue that drove the 2018 campaign so substantia­lly; it came right after a very, very clear threat,” said Chris Jennings, a longtime Democratic strategist on health care who is advising Biden’s campaign. “This time, the fear of a takeaway was not as great. But now it’s reengaged and credible.”

The number of uninsured people in theUnited States decreased by 20million from 2010 to 2016 as the ACA went into effect. Its major provisions include allowing states to expand Medicaid to cover more low-income adults, setting up insurance markets where individual­s earning less than about $ 51,000 a year can get subsidies to help pay their premiums and barring insurers from placing annual or lifetime limits on howmuch care they would cover. But 42% of Americans still view it unfavorabl­y, according to one recent poll, likely including many middle- class families who earn too much for the law’s financial assistance and find the high level of coverage it requires unaffordab­le.

Trump, attempting to neutralize the threat to his campaign posed by the preexistin­g conditions issue one that affects as many as 133 million Americans signed an executive order Thursday declaring it is U. S. policy for people with preexistin­g health conditions to be protected. But he offered no details on how he planned to assure that while also seeking to invalidate the ACA. His own Justice Department filed a brief in June asking the Supreme Court to overturn the entire law, including its preexistin­g conditions protection­s.

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 ?? DOUG MILLS — THE NEW YORK TIMES ?? Supporters of the Affordable Care Act rally outside the Supreme Court in Washington after a ruling that upheld a major provision of the law on June 25, 2015.
DOUG MILLS — THE NEW YORK TIMES Supporters of the Affordable Care Act rally outside the Supreme Court in Washington after a ruling that upheld a major provision of the law on June 25, 2015.

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