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A4   UP FRONT
                   Wednesday 10 July 2019


















                                                                      Validity of Obama health care law at


                                                                      issue in appeal hearing


                                                                      Continued from Front         answered  by  the  judiciary  who  filed  suit  have  no
                                                                                                   but by Congress.             case  because  they  aren’t
                                                                      Judge  Jennifer  Walker  El-  “This  is  a  political  solution  harmed  by  a  penalty  that
                                                                      rod  remarked  that  the     that  you  ...  are  asking  the  doesn’t exist; the reduction
                                                                      law’s  mandate  that  peo-   court  to  roll  up  its  sleeves  of  the  tax  penalty  to  zero
                                                                      ple  buy  insurance  ap-     and  get  involved  in,”  he  could be read as a suspen-
                                                                      peared intact, and Judge     said. But Douglas Letter, an  sion of the tax, but the tax’s
                                                                      Kurt  Engelhardt  seemed     attorney for the U.S. House  legal  structure  still  exists;
                                                                      to  agree.  Engelhardt  also   of Representatives, argued  and  if  the  individual  man-
                                                                      pointedly  suggested  that   that  the  elimination  of  the  date is now unconstitution-
             In this March 23, 2010, file photo, President Barack Obama signs   the  question  of  whether   tax penalty doesn’t under-  al, that does not affect the
            the Patient Protection and Affordable Care Act in the East Room   each  piece  of  the  law   mine  the  law’s  constitu-  rest of the law.
            of the White House in Washington.
                                                     Associated Press  should survive shouldn’t be   tionality.  And  he  said  de-  When  the  law  was  pro-
                                                                                                   termining which parts of a  posed,  friends  and  foes  of
                                                                                                   law can be salvaged and  “Obamacare” agreed that
                                                                                                   which must be removed is  the tax was essential to per-
                                                                                                   clearly a task for the courts,  suade  healthy  people  to
                                                                                                   established  by  Supreme  get insured, thereby keep-
                                                                                                   Court precedent.             ing premiums in check. But
                                                                                                   The  ultimate  outcome  will  this  year  —  the  first  time
                                                                                                   affect protections for peo-  no  fines  will  be  collected
                                                                                                   ple with pre-existing condi-  —  the  number  of  people
                                                                                                   tions, Medicaid expansions  signing  up  for  subsidized
                                                                                                   covering roughly 12 million  private  insurance  through
                                                                                                   people, and subsidies that  the  Affordable  Care  Act
                                                                                                   help about 10 million others  slipped only slightly.
                                                                                                   afford health insurance.     The  government  said  in
                                                                                                   The  lawsuit,  spearhead-    March  that  a  total  of  11.4
                                                                                                   ed  by  the  Texas  Attorney  million  people  signed  up
                                                                                                   General’s Office, was filed  during  open  enrollment
                                                                                                   after Congress, in 2017, ze-  season,  a  dip  of  about
                                                                                                   roed out a tax the Afford-   300,000 from last year.
                                                                                                   able Care Act imposed on  5th  U.S.  Circuit  Court  of
                                                                                                   those  without  insurance.  Appeals     Judge     Caro-
                                                                                                   Republicans had tried, but  lyn  Dineen  King  asked  no
                                                                                                   failed  to  win  full  repeal  of  questions  Tuesday.  King
                                                                                                   “Obamacare,”  as  Presi-     was nominated to the ap-
                                                                                                   dent  Donald  Trump  had  peals court by Democratic
                                                                                                   wanted.  Obama  signed  President  Jimmy  Carter  in
                                                                                                   the  health  care  act  into  1979. Elrod was nominated
                                                                                                   law in 2010.                 by  Republican  President
                                                                                                   In  challenging  the  law  George  W.  Bush  in  2007.
                                                                                                   anew,  “Obamacare”  op-      Engelhardt was nominated
                                                                                                   ponents  cited  the  U.S.  Su-  by  Trump,  a  Republican,
                                                                                                   preme  Court’s  2012  ruling  last year. Democrats in the
                                                                                                   upholding  the  legislation.  U.S.  Senate  said  Monday
                                                                                                   In that ruling, conservative  that Republicans will pay a
                                                                                                   justices  rejected  the  argu-  political price if the case re-
                                                                                                   ment  that  Congress  could  sults in the loss of the popu-
                                                                                                   require  everyone  to  buy  lar health care law.
                                                                                                   insurance  under  the  Con-  “If  they  are  successful  in
                                                                                                   stitution’s  interstate  com-  striking  down  the  Afford-
                                                                                                   merce  clause.  But  Chief  able  Care  Act,  Repub-
                                                                                                   Justice  John  Roberts,  join-  licans  will  own  all  of  the
                                                                                                   ing four liberal justices, said  consequences,”   Senate
                                                                                                   Congress  did  have  the  Democratic Leader Chuck
                                                                                                   power to impose the tax.     Schumer of New York said
                                                                                                   Among  the  arguments  by  on  a  call  Monday  with
                                                                                                   the law’s supporters: Those  reporters.q
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