United States: Supreme Court dismisses Republican appeal to strike down Obamacare

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Another episode of an epic battle: the United States Supreme Court on Thursday refused to strike down Barack Obama’s flagship health insurance law, leaving health coverage for millions of Americans in place.

The Supreme Court of the United States rejected, Thursday, June 17, an appeal by the Republican Party supported by the administration of former President Donald Trump to overturn the reform of the health system known as Obamacare, ruling that Texas and 17 other states had no legal authority to file a complaint.

The decision, taken by a majority of 7 to 2 and drafted by progressive judge Stephen Breyer, did not decide the substantive legal questions of whether a key provision of the “Affordable Care Act” (ACA) – currently dubbed “Obamacare” after former Democratic President Barack Obama – is unconstitutional and so, if so, the entire text should be deleted.

>> To see: United States: the battle of Obamacare

The provision at issue, known as the “individual warrant,” requires Americans to purchase health insurance or, if not, pay a financial penalty.

This is the third time that the Supreme Court has decided to preserve Obamacare since its enactment in 2010.

“A great victory for the American people”, reacted via Twitter the president Joe Biden, who was the vice-president of Barack Obama of which the ACA is the flagship measure.


Promise to expand access to health care

Last February, President Joe Biden’s Democratic administration urged America’s highest court to maintain Obamacare, marking a turning point from the position of his predecessor Donald Trump, who stepped down in January.

Republicans, fiercely opposed to Obamacare since the bill was drafted, have failed to repeal it when they controlled both houses of Congress, nor to secure an invalidation in the courts.

The Trump administration has, however, taken steps to hamper Obamacare. In 2017, she enacted a tax law eliminating the financial penalty provided by the individual mandate, which the Republican appeal said made the provision of Obamacare illegal.

>> To read: The US Supreme Court seems reluctant to invalidate the “Obamacare” health law

Joe Biden has vowed to expand access to healthcare by leveraging Obamacare, criticizing Republicans’ efforts to suppress the law even as the United States battles the coronavirus outbreak.

If the law is removed, up to 20 million Americans could lose health coverage, and insurers could once again refuse to reimburse care for people with pre-existing medical conditions.

With Reuters