Supreme Court appears likely to uphold Obamacare in blow to Trump, as Biden vows health care ‘expansion’

A couple of conservative Supreme Court justices signaled Tuesday that they’re unlikely to strike down the Affordable Care Act as unconstitutional, giving Democrats hope that the Obama-era health care law will survive a Trump administration challenge as the nation continues to reel from the coronavirus pandemic.

The outgoing administration is before the top court together with 18 Republican attorneys general arguing that the entire law known as Obamacare should be eradicated because Congress scrapped an aspect of it known as the individual mandate in 2017.

But Chief Justice John Roberts and Justice Brett Kavanaugh — who are part of the court’s 6-3 conservative majority — hinted during two hours of opening arguments in the case Tuesday that they weren’t convinced by the Republicans' claims.

Roberts suggested he’d be more inclined to keep the bulk of the law in place while officially rescinding the now-toothless individual mandate, which fined people if they didn’t obtain health insurance.

“Would Congress want the rest of the law to survive if the unconstitutional provision were severed? Here, Congress left the rest of the law intact,” Roberts said. “That seems to be a compelling answer to the question.”

Kavanaugh echoed Roberts' sentiment.

“It does seem fairly clear that the proper remedy would be to sever the mandate provision and leave the rest of the act in place," said Kavanaugh, who’s one of three justices appointed by President Trump.

The sun rises behind the U.S. Supreme Court as arguments are heard about the Affordable Care Act, Tuesday, Nov. 10, 2020, in Washington.
The sun rises behind the U.S. Supreme Court as arguments are heard about the Affordable Care Act, Tuesday, Nov. 10, 2020, in Washington.


The sun rises behind the U.S. Supreme Court as arguments are heard about the Affordable Care Act, Tuesday, Nov. 10, 2020, in Washington. (Alex Brandon/)

If Roberts and Kavanaugh were to rule in accordance with their Tuesday statements, Obamacare will likely remain intact, as the two justices would all but certainly form a 5-4 majority with the court’s three liberals to uphold the law.

If the Republicans manage to persuade the court that Obamacare is unconstitutional, though, more than 20 million Americans would lose their subsidized health insurance in the middle of a pandemic that has already killed more than 239,000 people in the U.S. The law’s popular protection for pre-existing conditions would also be erased — a provision that currently benefits more than 130 million Americans.

The court’s other members, including newly-appointed Justice Amy Coney Barrett, did not give any discernible hints about their views during the first round of arguments.

A ruling is expected by June 2021.

Joe Biden, who helped design the Affordable Care Act during his time as Barack Obama’s vice president, told reporters after the arguments that he plans to “expand” the health care law no matter what happens in the Supreme Court.

“Regardless of the outcome of this case, I promise you this — beginning on Jan. 20, Vice President-elect Harris and I, we’re going to do everything in our power to ease the burden of health care on you and your family,” Biden said. “That starts by building on the Affordable Care Act with dramatic expansion of health care coverage.”

Trump, who’s refusing to concede the election despite Biden’s decisive victory, stayed behind closed doors at the White House for a third day in a row Tuesday and did not offer any public comment on the Supreme Court deliberations.

Even though he promised during the 2016 campaign that he would immediately repeal and replace Obamacare upon taking office, Trump has yet to even release a coherent replacement plan.

The defense against the GOP’s Supreme Court assault on Obamacare is being mounted by the House of Representatives and 20 Democrat-led states, including New York.

In the 1954 case Brown v. Board of Education, the Supreme Court voted unanimously that segregating black and white students in public schools was unconstitutional, making great strides for civil rights. The landmark case ended the "Separate But Equal" era in the United States and paved the way for better race relations.
In the 1954 case Brown v. Board of Education, the Supreme Court voted unanimously that segregating black and white students in public schools was unconstitutional, making great strides for civil rights. The landmark case ended the "Separate But Equal" era in the United States and paved the way for better race relations.
The U.S. Army’s 101st Airborne Division troops escort nine African-American students into Little Rock Central High School on Sept. 25, 1957, in Little Rock, Ark. After Gov. Faubus posted National Guard troops to block the teens' way three earlier on what was supposed to be their first day of class, President Eisenhower ordered federal troops to escort them in the school. It was the first major physical confrontation over states' rights and school desegregation after the landmark Supreme Court decision in Brown v. Board of Education of Topeka, Kan. (1954), stating segregation of public schools is a violation of the 14th amendment and therefore unconstitutional.
In 1967, the Loving v. Virginia case made great strides for race relations in the United States by invalidating laws the prohibited interracial marriage. A black woman, Mildred Loving, and her white husband, Richard Loving, were sentenced to a year in prison for marrying each other. After appealing to the Supreme Court, a unanimous decision determined that prohibiting interracial marriages was unconstitutional, reversing the 1883 case Pace v. Alabama.
During the Vietnam War, the Des Moines public school system forbade students from wearing armbands, which were worn to express opposition to the United States' involvement in the war. If students did not remove the bands they were to be suspended, as school officials thought wearing them caused a disturbance. Suspended students Marybeth and John Tinker (pictured) brought their case to the Supreme Court, which ruled that the students' right to wear the armbands was protected by the First Amendment.
The highly controversial Roe v. Wade case came about in 1973 when Norma McCorvey sought an abortion in Texas, but was denied under state law. The Supreme Court ruled 2-7 that women legally have the right to an abortion and that their right to choose could only be restricted in the later stages of pregnancy.
The highly controversial Roe v. Wade case came about in 1973 when Norma McCorvey sought an abortion in Texas, but was denied under state law. The Supreme Court ruled 2-7 that women legally have the right to an abortion and that their right to choose could only be restricted in the later stages of pregnancy.
Associate Justice Harry Blackmun of the US Supreme Court said that the abortion decision he wrote a year ago, "will be regarded as one of the worst mistakes in the court's history or one of its greatest decisions, a turning point." But he said it was "a case the Court couldn't win, because the country is so evenly divided on the subject" and both sides feel so strongly about it.
In the Regents of University of California v. Bakke case in 1978, the Supreme Court upheld affirmative action, meaning they deemed it constitutional for race to be one of the factors considered in college admissions process. However, it was also ruled that a university's use of racial "quotas" in its admissions process was unconstitutional.
In the Regents of University of California v. Bakke case in 1978, the Supreme Court upheld affirmative action, meaning they deemed it constitutional for race to be one of the factors considered in college admissions process. However, it was also ruled that a university's use of racial "quotas" in its admissions process was unconstitutional.
Protesters march around the Detroit federal building during Supreme Court deliberations on the Allan Bakke case. Bakke claimed that he was not admitted to University of California Medical School due to affirmative action.
Protesters march around the Detroit federal building during Supreme Court deliberations on the Allan Bakke case. Bakke claimed that he was not admitted to University of California Medical School due to affirmative action.
The Bush v. Gore case took place during the 2000 presidential election, and essentially determined the outcome. The Court ruled that Florida's court-ordered manual recount of votes was unconstitutional, which meant that George Bush remained the winner in Florida.
The Bush v. Gore case took place during the 2000 presidential election, and essentially determined the outcome. The Court ruled that Florida's court-ordered manual recount of votes was unconstitutional, which meant that George Bush remained the winner in Florida.
Al Gore and George Bush supporters protested outside the Supreme Court on Dec. 11, 2000, as hearings began.
Al Gore and George Bush supporters protested outside the Supreme Court on Dec. 11, 2000, as hearings began.
The Supreme Court ruled on June 26, 2015 that same-sex marriage is now legal in all 50 states. The landmark case, Obergefell v. Hodges, will go down in history as a major stride for civil rights.
The Supreme Court ruled on June 26, 2015 that same-sex marriage is now legal in all 50 states. The landmark case, Obergefell v. Hodges, will go down in history as a major stride for civil rights.
Ann Sorrell, 78, left, and Marge Eide, 77, of Ann Arbor, a couple for 43 years, embrace after exchanging vows in Ann Arbor, Mich., following a ruling by the US Supreme Court that struck down bans on same sex marriage nation wide Friday, June 26, 2015.
Ann Sorrell, 78, left, and Marge Eide, 77, of Ann Arbor, a couple for 43 years, embrace after exchanging vows in Ann Arbor, Mich., following a ruling by the US Supreme Court that struck down bans on same sex marriage nation wide Friday, June 26, 2015.
Joseph Fons waves a Pride Flag in front of the U.S. Supreme Court building after the court ruled that LGBTQ people can not be disciplined or fired based on their sexual orientation in Washington, D.C. on Monday, June 15, 2020. With Chief Justice John Roberts and Justice Neil Gorsuch joining the Democratic appointees, the court ruled 6-3 that the Civil Rights Act of 1964 bans bias based on sexual orientation or gender identity in the Bostock v. Clayton County ruling.
DACA students rally in front of the Supreme Court on Thursday, June 18, 2020, in Washington, D.C. The Court ruled in Department of Homeland Security v. Regents of Univ. of Cal. that the Department of Homeland Security’s decision to rescind the Deferred Action for Childhood Arrivals (DACA) program was arbitrary and capricious under the Administrative Procedure Act. The decision blocks Trump's attempt to end DACA, which gives immigrants that came into the country illegally as children protection against deportation.

The Democrats are arguing that Obamacare is constitutional since the financial penalty that used to be attached to the individual mandate is no longer being enforced.

New York Attorney General Letitia James, who’s among the Democrats defending Obamacare’s constitutionality, voiced optimism after the opening arguments.

“Time after time, President Trump and his Republican allies have failed to get Congress to do its dirty work and has instead attempted to dismantle the ACA, piece-by-piece," James said in a statement. "We are confident the court will reject Republicans' arguments today, just like it did in 2012, and that we will prevail in protecting Americans' right to health care.”

Obamacare has withstood two previous Supreme Court challenges and several attempts by congressional Republicans to repeal it through legislation.

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