SCOTUS upholds the ACA for the Third (and final?) time

Even with a majority conservative Supreme Court, last Thursday, the SCOTUS issued an opinion upholding the Affordable Care Act by a 7-2 vote, allowing millions to keep their insurance coverage amid the coronavirus pandemic. In the decision regarding “California v. Texas,” the court reversed a lower court ruling finding the individual mandate unconstitutional. However, the court did not get to the key question of whether the individual mandate is able to be separated from the rest of the law. Instead, the court held the plaintiffs do not have standing in the case, or a legal right to bring the suit.

Justice Stephen Breyer wrote the opinion while Justices Samuel Alito and Neil Gorsuch filed the only dissenting opinions. Breyer wrote that a court must address a plaintiffs’ injuries. But Breyer found there were no injuries, so he asked: “What is that relief? The plaintiffs did not obtain damages.” Breyer added, “There is no one, and nothing, to enjoin.” Chief Justice John Roberts joined the courts liberals in upholding the law, as did two of President Donald Trump’s Supreme Court picks, Justices Brett Kavanaugh and Amy Coney Barrett.

A wide swath of stakeholders across the health care industry cheered Thursday’s news.

The American Medical Association called it a victory for patients, so too did America’s Essential Hospitals, a safety net trade group that called it a win. The American Hospital Association said the more than 30 million of Americans who obtained coverage from the law can “breathe a sigh of relief.”

Also jumping on board to show overwhelming support for the decision via statements and social media posts were the American College of Physicians (ACP), the Association of American Medical Colleges (AAMC), Centers for Medicare & Medicaid, the Federation of American Hospitals (FAH), America’s Health Insurance Plans (AHIP), the Blue Cross Blue Shield Association (BSBSA), the Association for Community Affiliated Plans (ACAP), and the United States of Care (USC), to name a few.

Department of Health and Human Services (HHS) Secretary Xavier Becerra issued a statement calling the ruling a “victory for all Americans” while adding that healthcare is “a right.” In his previous role as California Attorney General, Becerra led a coalition of nearly 20 states in defense of the law and filed a petition of certiorari with the Supreme Court to hear the case on an expedited basis.

“Today’s decision means that all Americans continue to have a right to access affordable care, free of discrimination,” Becerra said. “More than 133 million people with pre-existing conditions, like cancer, asthma or diabetes, can have peace of mind knowing that the health protections they rely on are safe. Women who need access to birth control, life-saving maternity care and preventive care can rest easy, knowing that their care is protected and covered. Seniors and people with disabilities can breathe easy knowing their health protections will continue. Individuals who have faced discrimination can continue accessing care without fear. And people relying on Medicaid and Medicare should know these programs are stronger than ever.”

Millions of Americans gained health insurance coverage as a result of the Affordable Care Act, President Barack Obama’s landmark law passed in 2010 and reshaped virtually every corner of American healthcare. The latest challenge threatened to undo coverage gains under the law that helped drive down the uninsured rate to a record low.

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