Morning Briefing
Summaries of health policy coverage from major news organizations
Will An Argument Used Against The Health Law In 2012 Now Be Used As Its Defense?
In 2012, the Supreme Court declared that Congress had put 鈥渁 gun to the head鈥 of states by pressuring them to expand Medicaid, and it said that such 鈥渆conomic dragooning鈥 of the states violated federalism principles embedded in the Constitution. Now, in a separate case, comments by several justices indicate that they could uphold a pillar of the Affordable Care Act 鈥 insurance subsidies for millions of lower-income people 鈥 by invoking those same principles. (Pear, 3/8)
President Barack Obama's health overhaul remains an all-consuming drama for many, even though millions of people are gaining insurance coverage through a law that's now 5 years old. During oral arguments last week in the latest Supreme Court case brought by the law's opponents, Justice Elena Kagan called it a "never-ending saga." Five reasons why the "Obamacare" epic plays on. (Alonso-Zaldivar, 3/8)
Republicans are under pressure to prove they can avert a massive healthcare meltdown if the party wins its latest ObamaCare battle in the Supreme Court this spring. Some of that pressure is being brought to bear, at least implicitly, by the justices themselves, who appear concerned over whether Congress can create a fully baked alternative plan if the court strikes down ObamaCare subsidies for 8 million people. Skepticism has also been growing within the GOP itself. "This is just going to be ugly no matter what we do," GOP strategist Rick Wilson said. (Ferris, 3/7)
If the challengers win鈥搘hich seems less likely now, given the tenor of oral argument at the court on Wednesday鈥搒ome states may seek to quickly establish their own exchanges or to work with the administration to develop a hybrid model under which states control their exchanges but farm out some of the back-end duties to the federal government. A plaintiffs鈥 victory also could give new momentum to those Republicans who want to replace the Affordable Care Act with another plan (a proposal that could attract a few Senate Democrats up for reelection in 2016 in states where Obamacare continues to be unpopular). (Litan, 3/6)
