Morning Briefing
Summaries of health policy coverage from major news organizations
Democrats Blast Court's Health Law Decision As Industry Laments Continued Uncertainty In Marketplaces
Los Angeles Times: Appeals Court Rules Affordable Care Act Insurance Mandate Unconstitutional, But Delays The Impact
Several leading Democrats criticized the appeals court ruling Wednesday evening, saying that it would create continued uncertainty in the healthcare system. “Tonight’s ruling is a chilling threat to the 130 million Americans with preexisting conditions and every other family who depends on the lifesaving protections of the Affordable Care Act,” House Speaker Nancy Pelosi (D-San Francisco) said in a statement. “This ruling should not stop families from continuing to sign up for the quality, affordable coverage they need in states where the enrollment period is still open.” (Levey and Savage, 12/18)
CNBC: US Appeals Court Rules Obamacare Individual Mandate Unconstitutional
Democratic lawmakers on Wednesday also blasted Trump and Republicans over the ruling. “Today’s ruling is the result of the Trump Administration and congressional Republicans attempting to make dangerous health policy using the courts since they failed to succeed in Congress,” Ways and Means Committee Chairman Richard Neal said in a statement. (Lovelace and Higgins, 12/18)
Politico: Court Voids Obamacare Mandate — But Not The Whole Law
Many legal scholars, including Obamacare opponents, have sharply criticized the latest GOP-led lawsuit as baseless. They argue courts typically avoid striking entire laws if they can stand without provisions found invalid, and Congress's decision to zero out just the mandate penalty in 2017 is proof lawmakers meant for the rest of the ACA to stand. The Republican chairman of the Senate health committee, Lamar Alexander of Tennessee, drove home that point Wednesday, describing the Justice Department's argument as "far-fetched." "I am not aware of a single senator who said they were voting to repeal Obamacare when they voted to eliminate the individual mandate penalty," said Alexander, a moderate who is retiring next year. (Demko, 12/18)
Bloomberg: Obamacare Fate In Limbo As Mandate Tossed, Court Fight Rages On
Health scholars who support Obamacare say the writing is on the wall for the next ruling from O’Connor, a former prosecutor and aide to Republican senators who was appointed to the bench by former President George W. Bush. “He’s going to say very substantial parts of the Affordable Care Act are invalid,” said Nicholas Bagley, a professor at University of Michigan Law School. “He’s already made that determination, so there’s really no uncertainty about what Judge O’Connor will say.” (Wheeler, Tozzi and Calkins, 12/18)
Modern Healthcare: Appeals Court Strikes Down ACA Individual Mandate, Not Whole Law
Hospital, insurer and patient advocacy groups, along with Democratic lawmakers, lamented that the 5th Circuit was unwilling to determine whether entire ACA could stand without the individual mandate, noting that not doing so creates drives further chaos in the healthcare system and is harmful to Americans. "Sending the decision back to the federal district court that invalidated the entire law puts health coverage— and peace of mind — for millions of Americans at risk," Rick Pollack, president and CEO of the American Hospital Association said in a statement. (Livingston, 12/18)
Reuters: Trump Says Court Decision On Obamacare Won't Change Healthcare System
President Donald Trump said a U.S. appeals court ruling on Wednesday that a component of the Obamacare law is unconstitutional would not change the current U.S. healthcare system. "This decision will not alter the current healthcare system. My Administration continues to work to provide access to high-quality healthcare at a price you can afford, while strongly protecting those with pre-existing conditions," Trump said in a statement after the court ruled that Obamacare's individual mandate that directed Americans to obtain health insurance was unlawful. (Hurley, 12/18)
USA Today: Federal Appeals Court Strikes Down Key Part Of Affordable Care Act
President Donald Trump hailed the ruling as "a win for all Americans." In a statement, the White House called it "a positive step toward moving away from Obamacare, which has failed the American people for too long." (Wolf, 12/18)
