Ginsburg’s death exposes fragility of health law protection
WASHINGTON — 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’s landmark law bars insurers from turning away people with health problems, or charging them more.
With Ginsburg on the court, there seemed to be little chance the lawsuit championed by conservative-led states could succeed, given that she and four other justices had twice previously voted
to uphold important parts of the health law. But that 5-4 majority is gone following Ginsburg’s death last Friday from complications of metastatic cancer of the pancreas.
Yet it is not at all clear what
the court will do. A narrow ruling might leave most of the law intact, sparing protections for people with preexisting conditions, Medicaid expansion, health insurance subsidies and other core elements. In that case Ginsburg’s death might not turn out to be a crucial difference in the court’s consideration.
Nonetheless, House Speaker Nancy Pelosi has accused Trump of wanting to rush a conservative replacement for Ginsburg through Senate confirmation partly so he can accomplish his unfilled vow to repeal “Obamacare.” A new justice could be seated in time for the Nov. 10 arguments.
“There’s many, many people in our country — and millions more now because of coronavirus — who have preexisting medical conditions,” she said Sunday on ABC. “The president has not been truthful in what he has said about that. He is in court to crush the preexisting condition as he crushes the Affordable Care Act, instead of crushing the virus.”
Said Sen. Ron Wyden, D-ore., “If you don’t trust Republicans with your health care, you shouldn’t trust them with the Supreme Court seat.” Preserving safeguards for people with preexisting conditions is a top argument for Democrats trying to mobilize public opinion in states where incumbent Republican senators face tight reelection challenges. It’s one the few avenues Democrats have to try to block a Supreme Court nominee in the Gop-controlled chamber.
The White House says Democrats are trying to scare voters. “Despite the refusal by the biased media to acknowledge it, President Trump has repeatedly said he will protect those with preexisting conditions,” spokesman Judd Deere said in a statement.
Back in 2017, failed Republican bills that sought to replace the Obama law would have weakened the health law’s protections for people with medical problems, said analyst Larry Levitt of the nonpartisan Kaiser Family Foundation. That GOP legislation had White House backing.