By Congresswoman Eddie Bernice Johnson
The Affordable Care Act, the signature piece of legislation passed by Congress and signed into law by President Barack Obama, is being challenged once again by opponents of the landmark legislation. Since its inception the law has made healthcare coverage available to millions of Americans who could not afford to purchase insurance for themselves and their families.
The same justices that upheld the constitutionally of the law in a five to four decision in 2012 are now being asked whether or not the federal government is permitted to give subsidies to individuals and families in those states that chose not to establish their own healthcare exchanges.
The four plaintiffs in the case, King v. Burwell, argue that federal subsidies should only be awarded to people in states that established their own exchanges. The administration says that they are wrong, and that Congress would not have passed legislation that treated people in different states differently.
The Supreme Court decided to hear the case after the plaintiffs were unanimously rebuffed by a federal appeals court in Richmond, Virginia. Federal Judge Andre Davis, one of the nation’s most highly regarded jurists, said that a ruling in favor of the plaintiffs would result in “millions of Americans” losing their healthcare coverage. Oral arguments before the Supreme Court commence on March 4th.
Health and Human Services Secretary Sylvia Burwell, who is named as the defendant in the case, said that many people who have signed up for coverage under the Affordable Care Act will be severely penalized if the Supreme Court rules in favor of the plaintiffs. Many of them will not have any health coverage because they cannot afford it without the assistance of the government, she said. The overwhelming majority of those who receive subsidies are low and middle-income people who reside in southern states such as Texas.
The current challenge to the Affordable Care Act is backed by the Competitive Enterprise Institute whose former chairman, Michael S. Greve, was quoted as saying that the administration’s healthcare legislation should be “killed as a matter of political hygiene.”
If the plaintiffs are successful approximately eight million people in 34 states, including Texas, which decided not to establish its own exchange, could possibly lose their healthcare coverage. Those in states that did establish exchanges would most likely see significant increases in their premiums, according to insurance industry analysts.
In the most recent enrollment period, which ended on February 15, nearly 1.2 million Texas residents
signed up for a health plan on the exchange administered by the federal government, according to the U.S. Department of Health and Human Services. Approximately 85 percent of those who enrolled qualified for federal subsidies.
There are politicians in our country who have made it their mission to destroy the Affordable Care Act since it was signed into law. In the House of Representatives, Republican legislators have attempted to repeal the law more than fifty times.
Providing affordable healthcare for its citizens is one of the most progressive and visionary steps that the American government has taken in the past century. I am hopeful that a majority of the justices on the Supreme Court will realize that, and rule in favor of the Affordable Care Act. Any other decision would be tragic for millions of people, and for our democracy.
