Staff and wire reports
WASHINGTON (AP) — Obamacare lives. And in North Carolina, some health experts and politicians voiced strong opinions about what the U.S. Supreme Court’s 5-4 ruling to uphold the controversial health care law will mean.
Derided by Republicans as intrusive, costly “Obamacare,” the Affordable Care Act narrowly survived an election-year battle at the Supreme Court Thursday with the improbable help of conservative Chief Justice John Roberts.
The ruling now makes it certain that major health care changes will move ahead, at least until November, touching virtually every American’s life. And Democrats, who have learned to accept if not love the GOP label for the law, heartily praised the decision.
But the ruling also gave Republicans unexpected ammunition to energize supporters for the fall campaign against President Barack Obama, the bill’s champion — and for next year’s vigorous efforts to repeal the law as a new federal tax.
“I think today’s Supreme Court decision frames the upcoming November elections and why those of us in America that still believe in freedom and limited government must be vigilant,” N.C. Rep. Jason Saine, R-Denver, told the Times-News.
“The choices in November are clear. Gov. Romney represents the last hope we have to repeal the largest tax increase in American history.”
Roberts’ vote, along with those of the court’s four liberal justices, preserved the largest expansion of the nation’s social safety net in more than 45 years, including the hotly debated core requirement that nearly everyone have health insurance or pay a penalty. The aim is to extend coverage to more than 30 million people who now are uninsured.
The decision meant the huge overhaul, still taking effect, could proceed and pick up momentum over the next several years, with an impact on the way that countless Americans receive and pay for their personal medical care.
Local health leaders offered a balance assessment of what that will mean.
“(Thursday’s) Court’s decision will not have that much impact on our daily operations in the short term,” said Joe Piemont, chief operating officer and president of Carolinas HealthCare System. “Having said that, however, there is no question that — in the long run — we face very significant changes in the way we do business. All of our major strategic initiatives in recent years have been formulated with this in mind and have focused on how to improve the delivery of the care we provide.”
Stocks of hospital companies rose and some insurance companies fell after the ruling.
The decision should help hospitals by adding millions of people to the rolls of the insured, expanding the pool of health care consumers. But by the same reasoning, insurance companies will also gain millions of premium-paying customers.
The ruling handed Obama a campaign-season victory in rejecting arguments that Congress went too far in approving the plan. However, Republicans quickly indicated they would try to use the decision against him.
At the White House, Obama declared, “Whatever the politics, today’s decision was a victory for people all over this country.” Blocks away, GOP presidential candidate Mitt Romney renewed his criticism of the overhaul, calling it “bad law” and promising to work to repeal it if elected in November.
Demonstrators for and against the law crowded the grounds outside the Supreme Court Building on Capitol Hill as Roberts, sitting at the center of the nine black-robed justices inside, announced the decision to a packed courtroom.
Breaking with the other conservative justices, Roberts wrote the judgment that allows the law to go forward. He explained at length the court’s view of the insurance mandate as a valid exercise of Congress’ authority to “lay and collect taxes.” The administration estimates that roughly 4 million people will pay the penalty rather than buy insurance.
Roberts, appointed by Republican President George W. Bush, opposed by young Sen. Barack Obama of Illinois and much-criticized by Democrats in recent years, sided with his court’s liberals on a major case for the second time this week as the justices concluded their 2011-12 term.
On Monday, he had voted to invalidate parts of Arizona’s tough crackdown on illegal immigrants.
In the health care case, Congress had referred to a penalty, not a tax, on people who don’t obtain insurance. But Roberts said the court would not get hung up on labels. Among other indications it is a tax, Roberts said, “the payment is collected solely by the IRS through the normal means of taxation.”
“Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness,” Roberts said.
Many Republicans oppose the law, arguing that it marks a government takeover of health care at the same time it curtails Medicare spending and raises taxes. They also point to studies that predict private employers will be forced to reduce or eliminate coverage and that the legislation will wind up costing far more than estimated, raising federal deficits as a result.
Congressman Patrick McHenry, R-Cherryville, was particularly sharp in his condemnation of the measure.
“In the midst of a grim economic recession, this unpopular healthcare takeover made things worse,” Congressman McHenry said. “There’s no doubt this law has created a great deal of uncertainty, keeping many small business owners from hiring new workers and acting as a serious impediment to economic growth.”
“Regardless of the Supreme Court’s decision, ObamaCare is still bad policy that needs to be replaced with patient-centered reforms that will actually lower the cost of care,” McHenry continued. “We should enact medical liability reform, make insurance companies compete for patients business by allowing them to shop across state lines, and expand health savings accounts that give taxpayers control over their own health care decisions. Until we enact real change, premiums will continue to rise for millions of American families.”
McHenry’s opponent in November, N.C. Rep. Patsy Keever, D-Asheville, expressed the opposite view.
“I imagine that there are families all over North Carolina right now who are breathing a sigh of relief,” Keever said.· They won’t lose their newfound health care or be faced with higher costs.· Parents can take care of their young adult children.· Seniors can continue to get lower cost prescription drugs.· And hundreds of thousands of North Carolina families will continue to have access to lower cost health insurance now and in the future.
“I fully expect now that Patrick McHenry will join with other extreme members of the Tea Party in Washington D.C. and begin to call for repeal of the ACA. That will be such a shame and a waste of time.”
The court found problems with the law’s expansion of Medicaid, but even there it said the expansion could proceed as long as the federal government does not threaten to withhold states’ entire Medicaid allotment if they don’t take part.
Justices Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor joined Roberts in the outcome.
Justices Samuel Alito, Anthony Kennedy, Antonin Scalia and Clarence Thomas dissented.
Kennedy summarized the dissent in the courtroom. “In our view, the act before us is invalid in its entirety,” he said.
The dissenters said in a joint statement that the law “exceeds federal power both in mandating the purchase of health insurance and in denying non-consenting states all Medicaid funding.”
The justices rejected two of the administration’s three arguments in support of the insurance requirement. Roberts agreed with his conservative colleagues that Congress lacks the power under the Constitution’s commerce clause to put the mandate in place.
“The federal government does not have the power to order people to buy health insurance,” he said in a part of his opinion that the liberal justices did not join. But his crucial bottom line was: “The federal government does have the power to impose a tax on those without health insurance.”
In all, the justices spelled out their views in six opinions totaling 187 pages. Roberts, Kennedy and Ginsburg spent 51 minutes summarizing their views in the courtroom.
The legislation passed Congress in early 2010 after a monumental struggle in which all Republicans voted against it. House Majority Leader Eric Cantor, R-Va., said Thursday the House will vote July 11 on whether to repeal the law, though such efforts have virtually no chance in the Democratic-controlled Senate.
House Speaker John Boehner, R-Ohio, said the health care law makes it harder for small businesses to hire workers. “Today’s ruling underscores the urgency of repealing this harmful law in its entirety,” he said.
But Senate Majority Leader Harry Reid, D-Nev., heaped praise on the court’s decision, and the 2010 law, in a Senate speech. “Passing the Affordable Care Act was the greatest single step in generations toward ensuring access to affordable, quality health care for every American, regardless of where they live or how much money they make,” he said.
House Democratic Leader Nancy Pelosi cast the decision as vindication for her work to secure passage of the far-reaching legislation.
“This decision is a victory for the American people. With this ruling, Americans will benefit from critical patient protections, lower costs for the middle class, more coverage for families, and greater accountability for the insurance industry,” Pelosi said.
After the ruling, Republican campaign strategists said Romney will use it to continue campaigning against “Obamacare” — the name the GOP gave the plan In derision, though many Democrats now accept it — and in attacking the president’s signature health care program as a tax increase.
“Obama might have his law, but the GOP has a cause,” said veteran campaign adviser Terry Holt. “This promises to galvanize Republican support around a repeal of what could well be called the largest tax increase in American history.”
Democrats said Romney, who backed an individual health insurance mandate when he was Massachusetts governor, will have a hard time exploiting the ruling.
“Mitt Romney is the intellectual godfather of Obamacare,” said Democratic consultant Jim Manley. “The bigger issue is the rising cost of health care, and this bill is designed to deal with it.”
Ginsburg, an appointee of Democratic President Bill Clinton, said in her opinion that “Congress followed Massachusetts’ lead.”
More than eight in 10 Americans already have health insurance. But for most of the 50 million who are uninsured, the ruling offers the promise of guaranteed coverage at affordable prices. Lower-income and many middle-class families will be eligible for subsidies to help pay premiums starting in 2014.
There’s also an added safety net for all Americans, insured and uninsured. Starting in 2014, insurance companies will not be able to deny coverage for medical treatment, nor can they charge more to people with health problems. Those protections, now standard in most big employer plans, will be available to all, including people who get laid off, or leave a corporate job to launch their own small business.
Seniors also benefit from the law through better Medicare coverage for those with high prescription costs, and no copayments for preventive care. But hospitals, nursing homes, and many other service providers may struggle once the Medicare cuts used to finance the law really start to bite.
Illegal immigrants are not entitled to the new insurance coverage under the law, and will remain one of the biggest groups uninsured.
Obama’s law is by no means the last word on health care. Experts expect costs to keep rising, meaning that lawmakers will have to revisit the issue perhaps as early as next year, when federal budget woes will force them to confront painful options for Medicare and Medicaid, the giant federal programs that cover seniors, the disabled, and low-income people.
The health care overhaul focus will now quickly shift from Washington to state capitals. Only 14 states, plus Washington, D.C., have adopted plans to set up the new health insurance markets called for under the law. Called exchanges, the new markets are supposed to be up and running on Jan. 1, 2014. People buying coverage individually, as well as small businesses, will be able to shop for private coverage from a range of competing insurers.
Most Republican-led states, including large ones such as Texas and Florida, have been counting on the law to be overturned and have failed to do the considerable spade work needed to set up exchanges. There’s a real question about whether they can meet the deadline, and if they don’t, Washington will step in and run their exchanges for them.
In contrast to the states, health insurance companies, major employers, and big hospital systems are among the best prepared. Many of the changes called for in the law were already being demanded by employers trying to get better value for their private health insurance dollars.