Trump and Republicans Seek to Strike Down the Affordable Care Act as Unconstitutional
By: Ricardo E. Calderon, Eagle Pass Business Journal, Inc., Copyright 2019
President Donald J. Trump and Republicans are seeking to strike down the Affordable Care Act, also known as Obamacare, as unconstitutional in a legal challenge after failing to repeal ACA numerous times in Congress in the case styled Texas v. United States that had oral arguments heard on Wednesday, July 9, 2019 before a three-judge United States Fifth Circuit Court of Appeals, jeopardizing the loss of affordable health insurance to over 21 million Americans, particularly those with pre-existing conditions, and destabilizing the health care industry in the United States if the law is held to be unconstitutional.
The stakes are extremely high for the 21 million Americans who rely on the Affordable Care Act (ACA) to obtain health insurance coverage for themselves and their children as they would most likely be unable to purchase affordable health insurance in the private health insurance market because most of them would be denied coverage if they have a pre-existing medical condition such as high blood pressure, diabetes, asthma, cancer, opioids addiction, and many other medical conditions or would be unable to afford the high cost of a private health insurance.
The State of Texas under the leadership of Governor Greg Abbott and Attorney General Ken Paxton filed a federal lawsuit in U.S. District Court challenging the constitutionality of the Affordable Care Act in 2018 after a Republican-majority Congress passed President Donald J. Trump’s signature tax cut law that eliminated a tax penalty to those Americans who did not obtain health insurance coverage (individual mandate). Despite Texas having the highest number of adults and children in the United States who are uninsured, Texas Republicans have repeatedly sought to strike down Obamacare for its own citizens as well as all Americans without having a replacement health insurance plan.
U.S. District Judge Reed O’Connor struck down the Affordable Care Act as entirely unconstitutional, forcing many Democratic-led states such as California, non-profit organizations, and healthcare groups to appeal Judge O’Connor’s ruling to the U.S. Fifth Circuit Court of Appeals in New Orleans, Louisiana.
Oral arguments in the appeal were made to a three-judge panel composed of Judge Jennifer Walker Elrod, a George W. Bush appointee, Judge Kurt Engelhardt, a Trump appointee, and Judge Carolyn Dineen King, a Carter appointee, on Wednesday, July 9, 2019. The Fifth Circuit is expected to announce its decision in several months. Regardless of the U.S. Fifth Circuit’s decision, the parties are expected to appeal the decision to the U.S. Supreme Court in either 2019 or 2020 immediately before the 2020 Presidential, National, and State elections.
Healthcare insurance coverage is the most important political issue to Americans, and will most certainly remain the top political issue going into the 2020 election season. In the November 2018 election season, Democrats were able to regain a majority in the U.S. House of Representatives due to strong support of Americans wanting to keep Obamacare and its health insurance benefits such as protection of pre-existing medical conditions while Republicans repeatedly have sought to repeal ACA without any replacement plan.
In addition to having 21 million Americans losing health insurance coverage if Obamacare is struck down as unconstitutional, another 12 million Americans may lose Medicaid coverage, another 133 million Americans with pre-existing medical conditions may lose their ability to purchase private health insurance due to coverage denial by private health insurance companies, about 171 million Americans would be more than likely be limited to a maximum cap on their health insurance while ACA forbids coverage caps, another 65 million Americans with Medicare may possibly be affected with coverage and higher premiums, about 2 million children who obtained health insurance coverage under Obamacare may lose their coverage, hundreds of thousands of Americans with Opioid addiction may lose medical treatment, and approximately 20-25 percent of the U.S. economy fueled by healthcare would be affected and have catastrophic economic impact on the American economy.
President Trump and the Republican Party have failed to approve any replacement plan for Americans who have obtained health insurance coverage under Obamacare or benefits derived from ACA, possibly causing a healthcare and economic crisis if they succeed in getting the U.S. Supreme Court to strike down ACA as unconstitutional. The consequences of striking down Obamacare will inflict irreparable and imminent pain and suffering to over half of the American population, including certain death to millions of Americans who will be left without affordable health insurance coverage, particularly those with pre-existing medical conditions.
Over 330 million Americans will be closely watching what President Trump and the Republican Party’s challenge of the Affordable Care Act will turn out, but one thing is certain–that healthcare insurance and ACA will once again become the most important political issues in the nation during the 2020 Presidential, National, State, and local elections.
