Obamacare is still alive
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for deciding the Affordable Care Act was unconstitutional: He argued that the rest of the law fell apart after Congress repealed the individual mandate in 2017.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.