Supreme Court agrees to hear major Obamacare challenge ensuring 2020 healthcare brawl

High court's decision comes as Biden campaign aide takes shot at Democratic frontrunner Sanders

John T. Bennett
Washington
Monday 02 March 2020 18:50 GMT
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Bernie Sanders claims he can win Texas and defeat Trump

The Supreme Court on Monday agreed to hear a case that could wipe out the entire Affordable Care Act, giving both parties new ammunition as they make their healthcare pitches on the campaign trail.

Donald Trump and the remaining Democratic presidential candidates have offered varying changes to the Barack Obama-era law in the early months of the 2020 race. The issue already was one of the campaign cycle's big issues, but the high court's decision to hear a case brought by Texas state GOP officials that the 2017 Republican tax cut law's elimination of the requirement for all Americans to obtain health coverage makes the entire Obama law unconstitutional ensures a major fight over the issue until Election Day.

Democrats consider healthcare a winning issue for their eventual presidential nominee and their slate of congressional candidates. But the high court put the Texas case on a path to a decision next year -- after Americans decide whether Mr Trump deserves a second term. The court declined Democrats' request to fast track the case; they are worried that one or more left-leaning justices will leave the court between now and next year, meaning Mr Trump would replace them with conservative justices inclined to strike down the ACA.

There are three major reasons why the Supreme Court's announcement means voters are about to hear a lot more about healthcare.

Both sides want the fight
Neither side is running from the issue, and with the opportunity to appoint federal judges and Supreme Court justices to rule on the law's future now an even bigger campaign issue, expect the rhetoric to intensify.

"Washington Democrats have never been more extreme, 132 congressional Democrats have signed up for Bernie Sanders healthcare takeover," Mr Trump said Friday night at a campaign rally in South Carolina.

"They want to take away your health care," he said before a moment later amping up that claim, saying the Vermont senator and Democratic frontrunner "are trying to destroy your health care."

For his part, Mr Sanders is pushing his universal healthcare plan that has divided Democrats but propelled him to the top of the party's class of White House hopefuls as Tuesday's delegate-rich primaries in 14 states.

"It is an absolute outrage that you have Republicans in this state, who as I understand, have given billions of dollars and tax breaks to the rich and large corporations, but none believe that we should provide healthcare to all people in North Carolina. That's really disgraceful," Mr Sanders said last week at a rally in Tar Heel State, again expected to be among the swing states that will decide the race.

But moderate Democrats have their own ideas about what to do about the ACA, which they admit is flawed. One is Joe Biden, who was vice president to Mr Obama when the ACA was passed and signed into law -- even though he dubbed it a "big f*cking deal" minutes before his boss signed it, one of his many off-the-cuff remarks that continue to haunt his third presidential bid

Mr Biden has proposed a plan that would address some of the current law's flaws, mostly tinkering around the edges and providing patches here and there. Kate Bedingfield, a Biden campaign spokeswoman, on Monday said the former VP senses many voters remain leery of Mr Sanders' proposed "government takeover of our healthcare," saying the self-described democratic-socilaist's plan has "given Democrats real pause."

No Republican plan
One reason why Mr Biden, whose campaign got a needed dose of oxygen when he won the South Carolina primary Saturday, has remained a potential spoiler for Mr Sanders is his plan to keep the ACA but make some changes is simple: Mr Trump and Republican lawmakers have yet to put forward a plan to replace Mr Obama's signature domestic achievement.

That's a main reason the late GOP Senator John McCain shocked Washington when he voted against a Republican bill that would have scrapped it.

Mr Trump has long promised to soon roll out a GOP health blueprint, but there is no evidence one is coming soon -- or even during the campaign.

But, as he did Friday night in North Charleston, so far all he is offering are vague promises.

"It's not really Obamacare anymore, but we're running the whole government and we're trying to kill it entirely, and then we will put it back," he said without describing just what would fill the ACA void. "You'll have great health care and pre-existing conditions will be totally protected. Pre-existing conditions will be totally protected."

For now, Mr Trump appears to be betting that saying bold things over and over will be enough.

It's on voters' minds
With the law now teetering on the brink of potential extinction, and America's aging "Baby Boomer" generation requiring more and more care, the Supreme Court's decision only further thrusts it to the front of voters' minds.

A recent poll conducted by the Gallup organisation puts the issue ahead of all others, in the minds of voters.

In fact, healthcare beat out other leading issues -- like terrorism, the economy, gun violence and education.

Thirty-five per cent of those polled called it "extremely important" with eight months to go before Election Day.

Speaker Nancy Pelosi signalled Democrats are ready for a healthcare brawl this year.

"But even in the middle of the coronavirus crisis, the Trump administration continues to ask the court to destroy protections for people with pre-existing conditions and tear away health coverage from tens of millions of Americans," the California Democrat said in a statement. "The sooner the GOP's dangerous anti-health care lawsuit is ended, the better. Every day, the Affordable Care Act provides lifesaving protections and coverage for families across America."

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