Morning Briefing
Summaries of health policy coverage from major news organizations
How The Dynamics Of Obamacare Case Before High Court Have Changed
The New York Times: If The Supreme Court Ends Obamacare, Here’s What It Would Mean
What would happen if the Supreme Court struck down the Affordable Care Act? The fate of the sprawling, decade-old health law known as Obamacare was already in question, with the high court expected to hear arguments a week after the presidential election in the latest case seeking to overturn it. But now, the death of Justice Ruth Bader Ginsburg increases the possibility that the court could abolish it, even as millions of people are losing job-based health coverage during the coronavirus pandemic. (Abelson and Goodnough, 9/21)
The New York Times: Without Ginsburg, Supreme Court Could Rule Three Ways On Obamacare
The death of Justice Ruth Bader Ginsburg means the Supreme Court will have a smaller liberal wing when it hears the latest Obamacare challenge in November. That case, California v. Texas, could unwind Obamacare completely if the Supreme Court rules in favor of 20 Republican-led states and the Trump administration’s Justice Department. The Democratic nominee for president, Joseph R. Biden Jr., has already begun linking the court vacancy to Obamacare’s future, telling a crowd in Philadelphia this weekend that “health care hangs in the balance” with this year’s election. A more conservative court may invite further litigation against the health law, which has faced multiple Supreme Court challenges in its decade-long existence. (Kliff and Sanger-Katz, 9/21)
Time: What Justice Ginsburg's Death Means For Obamacare
Health care was already a major focus in this fall’s election, but the death of Justice Ruth Bader Ginsburg on Friday adds a new layer of urgency to the issue: the Supreme Court is set to hear a lawsuit challenging the constitutionality of the Affordable Care Act (ACA) on Nov. 10, exactly one week after Election Day. Ginsburg voted to uphold the law in the past, along with the Court’s other liberal justices and Chief Justice John Roberts. With all of those justices still in place before Friday, most in Washington had assumed that this latest case would end the same way, with a split vote preserving Obamacare. But now that Ginsburg’s seat is vacant, the future of the ACA—and the health coverage it provides millions of Americans—is suddenly in question. (Abrama, 9/21)
MarketWatch: The Supreme Court’s Obamacare Case Was High Stakes Before Ruth Bader Ginsburg’s Death. Here’s Why It’s Even More Important Now
President Donald Trump’s chance to fill Justice Ruth Bader Ginsburg’s seat could shape the Supreme Court’s jurisprudence for years to come, but a newly-appointed judge could affect 20 million Americans’ health care — and how much they pay for it — a lot sooner. One week after Election Day, the high court is scheduled to hear arguments Nov. 10 on whether the Affordable Care Act (ACA), also known as “Obamacare,” is null and void. (Keshner and Passy, 9/22)
Tampa Bay Times: How The Supreme Court Vacancy Could Turn Florida Presidential Race Into A Fight Over Health Care
The death of U.S. Supreme Court Justice Ruth Bader Ginsburg and the ensuing fight to replace her has thrust the future of health care in Florida into the spotlight during the closing weeks of a narrowing race for the White House in the Sunshine State. With his third appointment to the high court, Republicans hope President Donald Trump can deliver the final blow to the Affordable Care Act after a decade of GOP efforts to dismantle the federal health care law. The Supreme Court is scheduled to revisit the law a week after Election Day in November. (Contorno, 9/22)
AP: Ginsburg's Death Exposes Fragility Of Health Law Protection
With COVID-19 the newest preexisting condition, the Obama-era health law that protects Americans from insurance discrimination is more fragile following the death of Justice Ruth Bader Ginsburg. A week after the presidential election, the Supreme Court is scheduled to hear arguments on an effort backed by President Donald Trump to strike down the Affordable Care Act, or ACA, in its entirety. Former President Barack Obama’s landmark law bars insurers from turning away people with health problems, or charging them more. (Alonso-Zaldivar, 9/21)
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CNBC: Health-Care Stocks Fall On Uncertainty Over Supreme Court And Obamacare
Shares of health insurers and hospitals sold off sharply Monday, following the death of supreme court justice Ruth Bader Ginsburg and the looming battle to confirm her replacement. Analysts say it creates a new level of uncertainty over the future of the Affordable Care Act, also known as Obamacare. “It sounds like the Republicans are really gonna push for a supreme court nominee approval before the new administration ( and) the fear is that the ACA will be probably repealed,” said Jefferies health care analyst Brian Tanquilut, adding “I’m not sure that’s necessarily the case, but obviously that’s the fear that’s been baked into the stocks right now.” (Coombs, 9/22)
Modern Healthcare: Hospital Stock Prices Dip Amid ACA Supreme Court Uncertainty
Stock prices for hospitals were down in early trading on Monday amid uncertainty about the fate of the Affordable Care Act, which faces a hearing in November before the now 8-member Supreme Court. Associate Justice Ruth Bader Ginsburg died Friday night and President Donald Trump and Senate Majority Leader Mitch McConnell (R-Ky.) have said they intend to try to fill her vacancy on the bench quickly. That introduces more uncertainty into the final decision on the latest ACA appeal on Nov. 10. (Cohrs, 9/21)
The Washington Post: Are More Women Getting IUDs After RBG’s Death?
When news broke that Supreme Court Justice Ruth Bader Ginsburg had died at age 87, Pooja Patel, a 27-year-old living in D.C., called her sister and cousin. “I was like, okay, RBG died, it means the Supreme Court is going to be controlled by conservatives, that changes everything,” she said. By the end of the call, she’d convinced both to do what she had been begging them to since the 2016 election: get an IUD. (Cirruzzo, 9/21)
