U.S. Supreme Court to review Affordable Care Act decision that jeopardizes health care for millions

LANSING -- The U.S. Supreme Court today agreed to review a lower court’s decision that found the individual mandate of the Affordable Care Act (ACA) unconstitutional, at the urging of Michigan Attorney General Dana Nessel and 19 other attorneys general and the governor of Kentucky, who collectively filed the petition for review.

The Fifth Circuit Court of Appeals’ Dec. 18, 2019, decision in Texas v. U.S. held the ACA’s individual mandate -- requiring people to obtain health insurance coverage -- unconstitutional and called into question whether the remaining provisions of the ACA could still stand, including those that protect and provide coverage to Americans with pre-existing conditions.

"Though this decision fell short of an expedited review, I am pleased the Supreme Court will nonetheless review this case," Nessel said. "The Affordable Care Act provides essential protections for millions of Michiganders with pre-existing conditions. Ensuring those safeguards are maintained is critical to caring for our state’s residents as well as the health of our country."

Nessel and the coalition petitioned the Supreme Court to review the case because the lower court’s ruling causes uncertainty that may harm the health of millions of Americans, as well as doctors, clinics, patients and the health care market. The Supreme Court granted the coalition’s request but declined to expedite its review and consider the case by the end of the court’s current term in June as it was also asked to do.

The lawsuit was filed by a Texas-led coalition and supported by the Trump administration, which argued that Congress rendered the ACA’s individual mandate unconstitutional when it reduced the penalty to $0. They further argued that the rest of the ACA should be held invalid because of that change.

The Fifth Court determined the individual mandate was unconstitutional but declined to rule on the ACA’s remaining provisions, instead opting to send the case back to the Northern District of Texas to determine which provisions of the 900-page law were still valid. Those provisions include coverage for the 133 million Americans with pre-existing conditions, subsidies that help working families afford health care, investments in public health programs to prevent and combat public health threats like the opioid epidemic, and support lab capacity and immunization infrastructure for threats like novel coronavirus.

Unless the court orders otherwise, the case will be reviewed in October at the earliest.

Inset photo: Michigan Attorney General Dana Nessel. (Photo courtesy Michigan.gov)

Local "Bergman/Trumpcare Die-In" event to expose dangers of "American Health Care Act" May 13

"Die-In" participants display signs to warn of the potential deadly consequences of the "American Health Care Act" passed last week by the U.S. House of Representatives. (Photo via @Indivisible_SAZ and courtesy Marika Seigel)

HOUGHTON -- Veteran's Park in Houghton will be the scene of a "Bergman/Trumpcare Die-In" at noon on Saturday, May 13. The Houghton County Democratic Party, in partnership with Indivisible and Houghton/Keweenaw Forward Action Michigan, will host this event in order to expose the "American Health Care Act" (AHCA, passed by the U.S. House of Representatives last week) for the harm it will do, to hold Congressman Bergman accountable to his constituents for the lives that will be lost, and to put the Senate on notice that the only way forward for the American people is Medicare-for-All.

According to the progressive group Indivisible, "A die-in is a form of nonviolent direct action protest where participants publicly pretend to die to highlight a deadly problem."*

Here is the problem:

Under the AHCA, as passed by the House, more than 24 million Americans would lose their health insurance over the next 10 years. This includes over 40,000 residents of Congressman Jack Bergman’s 1st District of Michigan. It is estimated that upwards of 44,000 Americans could die every year from lack of health insurance. Guaranteed protection for persons with pre-existing conditions would end, resulting in no coverage or premiums that are unaffordable by many Americans. Older Americans would pay far more for health insurance and health care. The tax on high income taxpayers that extended the solvency of Medicare would be repealed, throwing the future of Medicare into doubt. Medicaid would no longer be a program for anyone who qualifies but, rather, a block grant to states who would have to ration care and cut the quality of services.

The only people who come out ahead under the AHCA are the wealthy and corporations. They would get over $600 billion in tax breaks while the rest of us pay more for health care or are denied access to affordable health care. Bottom line is that the AHCA is nothing more than a tax break for the wealthy. This is the bill that Congressman Bergman -- who is supposed to represent the constituents of the 1st District -- voted for. He must now own it and all the adverse consequences that follow.

This bill now goes to the Senate but, unless the Senate adopts Medicare-for-All, there isn’t much that the Senate can do to take the harm to Americans out of the AHCA. This is an immoral piece of legislation that must be defeated.

How to participate in the Die-In:

Gather at Veteran's Park at noon on Saturday, May 13. Bring a sign shaped like a tombstone. The sign could name a pre-existing condition that would no longer be covered, comment on the AHCA, or call out Bergman/the GOP directly. A sign-making event will be held in the Michigan Room of the Portage Lake District Library from 5 p.m. to 7 p.m. on Thursday, May 11. You can drop in at any time during these two hours to make a sign. Supplies will be on hand. (If you don't have time to make a sign but would still like to participate in the die-in, please come anyway!)

Program:

The MC will make opening remarks about the AHCA, and then signal that it is time to die (lie down) with the phrase "Here are the consequences." At that point, participants lie down and hold up tombstones. (If you are not able to lie down, you could bring a folding chair to sit in or remain standing).

Several people will share brief (1-2 minute) stories about how the Affordable Care Act (ACA or Obamacare) helped them, or about how the AHCA would negatively effect them or people they love. If you would be willing to share a story, please email Marika Seigel at marika.seigel@gmail.com. Those who are sharing stories should remain standing and lined up next to the MC.

The MC will make closing remarks and then signal that it is time to stand with the phrase "We will rise."

* Click here to learn about Indivisible.