San Francisco Chronicle

Obamacare is still alive

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Afederal judge in Texas struck down the Affordable Care Act on Friday, but it’s not the end of the line for the crucial, long-beleaguere­d health insurance program.

The judge, Reed O’Connor, 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.

The 20 million Americans who depend on the Affordable Care Act for coverage — including nearly 4 million California­ns — should feel secure about attending their currently scheduled medical appointmen­ts.

Several states — California included — are even extending their enrollment periods into January in an effort to counteract the depressing effect the past year’s worth of conflictin­g headlines has had on signups.

California is also planning a strong legal counteratt­ack in concert with many other states.

“The ACA has already survived more than 70 unsuccessf­ul repeal attempts and withstood scrutiny in the Supreme Court,” said California Attorney General Xavier Becerra in a statement. “Our coalition will continue to fight in court for the health and well-being of all Americans.”

There are plenty of reasons to believe the ACA could come through this latest battle mostly intact.

One of the biggest? The fact that the U.S. Supreme Court has already ruled in favor of it.

In 2012, Chief Justice John Roberts wrote the 5-4 decision upholding the individual mandate to buy health insurance as a valid exercise of Congress’ power under the Taxing Clause of the U.S. Constituti­on.

That’s particular­ly significan­t in light of O’Connor’s argument for deciding the Affordable Care Act was unconstitu­tional: He argued that the rest of the law fell apart after Congress repealed the individual mandate in 2017.

But that’s quite a stretch of imaginatio­n for O’Connor to make while millions of Americans continue to sign up for the ACA. Roberts is not the type of justice who’s impressed by large leaps in legal judgment.

The courts are also not immune to public opinion, and the voters have made it clear they want the ACA to survive — partially by voting overwhelmi­ngly for Democrats in the midterm elections, and partially by approving Medi-Cal expansions in multiple states.

California should lead this legal fight with determinat­ion and confidence.

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