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U.S. NEWS Monday 1 april 2019

Trump’s battle with ‘Obamacare’ moves to the courts

By RICARDO ALONSO- court rulings for now, and
ZALDIVAR Associated Press there’s no telling how they
WASHINGTON (AP) — Af- may ultimately be decid-
ter losing in Congress, ed. Here’s a status check
President Donald Trump on major lawsuits:
is counting on the courts — “Obamacare” Repeal
to kill off “Obamacare.” U.S. District Court Judge
But some cases are go- Reed O’Connor in Fort
ing against him, and time Worth, Texas, ruled that
is not on his side as he tries when Congress repealed
to score a big win for his re- the ACA’s fines for being
election campaign. uninsured, it knocked the
Two federal judges in constitutional foundation
Washington, D.C., this past out from under the entire
week blocked parts of law. His ruling is being ap-
Trump’s health care agen- pealed by attorneys gen-
da: work requirements for eral from Democratic-led
some low-income people states to the 5th U.S. Circuit
on Medicaid, and new Court of Appeals in New
small business health plans Orleans.
that don’t have to provide The challenge to the ACA
full benefits required by the was filed by officials from
Affordable Care Act. Texas and other GOP-led
But in the biggest case, states. It’s now fully support-
a federal judge in Texas In this March 26, 2019 file photo, Speaker of the House Nancy Pelosi, D-Calif., joined at left by ed by the Trump adminis-
ruled last December that Energy and Commerce Committee Chair Frank Pallone, D-N.J., speaks at an event to announce tration, which earlier had
the ACA is unconstitutional legislation to lower health care costs and protect people with pre-existing medical conditions, at argued that only the law’s
and should be struck down the Capitol in Washington. protections for people with
in its entirety. That ruling is Associated Press. pre-existing conditions and
now on appeal. At the urg- Obama’s health law is tections for) pre-existing ministration has a compre- its limits on how much in-
ing of the White House, the struck down entirely, Con- conditions and will have a hensive health care plan, surers could charge older,
Justice Department said gress would face an impos- much lower deductible. So, and there doesn’t seem to sicker customers were con-
this past week it will sup- sible task: pass a compre- and I’ve been saying that, be a consensus among Re- stitutionally tainted. All sides
port the Texas judge’s po- hensive health overhaul to the Republicans are going publicans in Congress. expect the case to go to
sition and argue that all of replace it that both Speak- to end up being the party A common thread in the the Supreme Court, which
“Obamacare” must go. er Nancy Pelosi and Trump of health care.” various health care cases has twice before upheld
A problem for Trump is that can agree to. The failed There’s no sign that his ad- is that they involve lower- the ACA.q
the litigation could take attempt to repeal “Obam-
months to resolve — or acare” in 2017 proved to
longer — and there’s no be toxic for congressional
guarantee he’ll get the Republicans in last year’s
outcomes he wants before midterm elections and they
the 2020 election. are in no mood to repeat it.
“Was this a good week for “The ACA now is nine years
the Trump administration? old and it would be incred-
No,” said economist Gail ibly disruptive to uproot the
Wilensky, who headed up whole thing,” said Thomas
Medicare under former Re- Barker, an attorney with
publican President George the law firm Foley Hoag,
H.W. Bush. “But this is the who served as a top lawyer
beginning of a series of ju- at the federal Health and
dicial challenges.” Human Services depart-
It’s early innings in the court ment under former Repub-
cases, and “the clock is go- lican President George W.
ing to run out,” said Timothy Bush. “It seems to me that
Jost, a retired law profes- you can resolve this issue
sor who has followed the more narrowly than by strik-
Obama health law since its ing down the ACA.”
inception. Trump seems unfazed by
“By the time these cases the potential risks.
get through the courts “Right now, it’s losing in
there simply isn’t going to court,” he asserted Friday,
be time for the administra- referring to the Texas case
tion to straighten out any against “Obamacare.”
messes that get created, The case “probably ends
much less get a compre- up in the Supreme Court,”
hensive plan through Con- Trump continued. “But
gress,” added Jost, who we’re doing something
supports the ACA. that is going to be much
In the Texas case, Trump less expensive than Obam-
could lose by winning. acare for the people ... and
If former President Barack we’re going to have (pro-