- The Supreme Court heard another challenge to the Affordable Care Act (ACA) Tuesday, marking the third time the law has gone to the highest court since it was passed a decade ago.
- The most recent case, filed by Texas and other Republican-led states, focuses on a provision of the law known as the individual mandate, which requires all Americans to have health insurance or face a penalty.
- The court had previously upheld the mandate as constitutional, arguing it amounted to a tax, but in 2017, Congressional Republicans lowered the penalty to $0.
- Now, the Republican-led states argue that the mandate can no longer be considered a tax, and thus both the provision and the entire ACA are unconstitutional.
- Because the Trump administration has not put forward a comprehensive replacement for the ACA, if the justices repeal the law, more than 20 million Americans would lose their health insurance during a pandemic.
Latest ACA Challenge
The Supreme Court heard oral arguments on Tuesday for the latest challenge to the Affordable Care Act (ACA), marking the start of proceedings that will decide the future of essential healthcare benefits for millions of Americans during a pandemic.
The case marks the third time that the ACA, often called Obamacare, has been brought to the highest court since it was signed into law by former President Barack Obama a decade ago. The first two attempts were rejected by the Supreme Court in 2012 and 2015 respectively.
The most recent challenge, brought by Texas and other Republican-led states and backed by the administration of President Donald Trump, centers around a provision of the law known as the individual mandate, which required all Americans to either have some kind of health insurance or pay a penalty.
That specific provision has been one of the most controversial elements of the law, and when it was brought before the justices in 2012, the court upheld the mandate 5-4 on the grounds that it amounted to a tax and thus fell under Congress’ taxing power.
But in 2017, the Republican-held Congress passed a sweeping tax bill that tweaked the individual mandate by setting the penalty for not having health care to $0. Now, the GOP-led states leading this most recent challenge are arguing that because the mandate is zeroed out and no longer raises revenues, it can no longer a tax and thus is unconstitutional.
What’s more — and this is the key part here — they are also claiming that the individual mandate is so ingrained in the ACA that it cannot be separated from the law without scrapping the whole thing. In other words: the Republican states believe that the entire ACA was rendered unconstitutional when the Republicans Congress zeroed out the mandate.
Now, notably, many legal experts do believe the argument that an entire law should be rolled back because one part is problematic is ambitious, to say the least. While some of the courts conservatives have implied that they are hesitant to get rid of the ACA entirely, the makeup of the court is very different now than it was during the other two Obamacare challenges.
Since taking office, Trump has appointed three justices to the Supreme Court, including the newly-seated Amy Coney Barrett, who has openly criticized the court’s previous rulings on the ACA in the past.
The stakes for overturning ACA are higher than ever before because of the ongoing coronavirus pandemic that has already infected over 10 million Americans and claimed over 238,000 lives.
The U.S. is currently experiencing the worst of the pandemic, and health officials believe the situation will only become more dangerous soon. Cases and hospitalization rates are rising all across the country, new daily infections and 7-day averages have been hitting record-breaking highs, and experts now say they expect us to hit 200,000 daily cases as soon as next week.
If the justices scrap Obamacare, more than 20 million Americans — including roughly 12 million low-income Americans — would lose their healthcare overnight.
Those people would very likely be left without health insurance for a while because, despite Trump’s repeated claims for the last four years that his healthcare plan to replace Obamacare is almost ready, at least publicly, the president has proposed close to nothing on this front.
Even if it did, the divided Congress would likely have a very difficult time agreeing on any kind of deal. But the fact that there is no comprehensive program to replace Obamacare if the Supreme Court decides to get rid of it would also have other major impacts for even more Americans.
One of the most notable, of course. is how this affects pre-existing conditions. Under Obamacare, health insurers are required to cover most pre-existing conditions. If the ACA is rolled back, insurers can start denying coverage to the estimated 52 million Americans — roughly 1 out of every 4 — who have pre-existing conditions.
That is especially concerning in regards to the pandemic because is very possible that COVID-19 could become a pre-existing condition. With the ACA in place right now, insurers cannot use a coronavirus case to deny someone coverage or charge them more: it is essentially treated the same as a pre-existing condition.
However, if Obamacare no longer protects that, insurance coverage for COVID-19 will be up in the air.
The reversal of the ACA would also have other far-reaching effects, including forcing older Americans to pay more for prescriptions and cutting young adults off their parents’ healthcare plans before the age of 26, as is the law now.
While experts say it is increasingly unlikely that the court will do away with the ACA in its entirety, it is unclear what a partial repeal would impact the law and the American people.
See what others are saying: (NPR) (The Associated Press) (The Washington Post)
Florida Breaks Its Record for New Daily COVID-19 Cases and Hospitalizations
The Sunshine State now accounts for 20% of all new COVID-19 cases nationwide.
Florida Becomes COVID Epicenter
Florida reported 10,207 COVID-19 hospitalizations on Sunday, marking its largest single-day count to date. The grim record comes just one day after the Centers for Disease Control and Prevention released data showing that the state had counted 21,683 new infections Friday, its highest record of daily cases since the start of the pandemic.
Florida has become the new epicenter of the most recent U.S. outbreaks driven by the delta variant. The state now accounts for one out of every five new cases, and the weekend numbers are highly significant because they surpass previous records that were logged before vaccines were readily available.
Notably, Florida’s vaccination rate is actually the exact same as the nationwide average of 49% fully vaccinated, according to The New York Times tracker. In fact, Florida’s rate is the highest among the top 10 states currently reporting the most COVID cases.
While Gov. Ron DeSantis (R) has encouraged Florida residents to get vaccinated, he and the state’s legislature have also made it much harder for local officials to enforce protections to mitigate further spread.
DeSantis Bars Masking in Schools
On the same day that the state reported its highest cases ever, DeSantis signed an executive order banning school districts from requiring students to wear a mask when they go back to school later this month.
The move directly contradicts guidance issued by the CDC last week, which recommended that everyone inside K-12 schools wear a face covering.
DeSantis, for his part, has repeatedly claimed the spikes are part of “seasonal” increases driven by more people being indoors and air-conditioning systems circulating the virus. Still, he argued also Friday that he did not think masks were necessary to prevent children from transmitting COVID in the classroom, where they are inside with air conditioning.
At the same time, last week, Florida reported more than 21,000 infections among children younger than 19.
Florida is not the only state that has banned schools from requiring masks. In fact, many of the states suffering the biggest spikes have done the same, including Arkansas, Oklahoma, and Texas — which all currently rank among the top 10 states with the highest per capita COVID cases.
See what others are saying: (The Washington Post) (NPR) (Axios)
Biden to Mandate COVID Vaccines for Federal Workers as CDC Changes Masking Guidance
News of the efforts came on the same day that the U.S. reported more than 100,000 new daily COVID cases for the first time since February.
Federal Vaccine Mandate
President Joe Biden will announce Thursday that all federal employees must get vaccinated against COVID-19 or consent to strict testing and other safety precautions, White House officials told reporters Tuesday.
Earlier in the day, Biden said he was considering the requirement but did not provide any more information.
While the officials also said the details are still being hashed out, they did note that the policy would be similar to ones recently put in place by California and New York City, which respectively required state and city workers to get the jab or submit to regular testing.
Also on Tuesday, the Centers for Disease Control and Prevention updated their guidelines to recommend that Americans who live in areas “of substantial or high transmission,” as well as all students and teachers, wear masks indoors regardless of their vaccination status.
Delta Causes Spikes, But Vaccines Still Prove Effective
The renewed COVID mitigation efforts come as the delta variant is driving massive surges all over the country.
Coronavirus cases have quadrupled throughout July, jumping from a weekly average of 11,799 on the first day of the month to 63,248 on Tuesday, according to The New York Times tracker. Tuesday also saw new daily infections topping 100,000 for the first time since February, with more than 108,000 reported, per The Times.
While the vast majority of new infections are among people who have not been vaccinated, there have also been increasing reports of breakthrough cases in people who have received the jab.
Those cases, however, do not mean that the vaccines are not effective.
No vaccine prevents 100% of infections. Health officials have said time and time again that the jabs are intended to prevent severe disease and death, and they are doing just that.
According to the most recent data for July 19, the CDC reported that only 5,914 of the more than 161 million Americans who have gotten the vaccine were hospitalized or died from COVID-19 — a figure that represents 0.0036% of vaccinated people.
While safety precautions may be recommended for some people who have received the vaccine, many media narratives have overstated the role breakthrough cases play in the recent spikes. As New York Magazine explains, it is imperative to understand these new mask recommendations are not happening because the vaccine is not effective, but because not enough people are getting the vaccine.
“Because breakthrough infections have so often made the news due to their novelty, that can create a perception of more cases than are actually happening — particularly without more robust tracking of the actual cases to provide context,” the outlet wrote.
See what others are saying: (The Washington Post) (The New York Times) (CNBC)
Wisconsin Police Deny Planting Evidence in Viral Video, Release Their Own Body Cam Footage
The footage police released shows that during a search, officers found a corner tear from a plastic bag inside a backseat passenger’s pocket. An officer then discarded it into the car after determining that it was empty.
Viral Video Appears To Show Officer Planting Evidence
The Caledonia Police Department in Wisconsin has responded to a viral cell phone video that appears to show an officer planting a small plastic baggie inside of a car during a traffic stop.
The now-viral footage was posted to Facebook by a man who goes by GlockBoy Savoo.
The user, who also filmed the clip, wrote in his post’s caption that the officer did this “just to get a reason to search the car” and said the cop didn’t know he was being recorded by the passenger.
Police Shut Down Accusations With Their Own Footage
After that video spread across social media, many were outraged, calling the Caledonia police dirty for seemingly planting evidence. All the outrage eventually prompted the department to announce an investigation Saturday.
Within hours, the department provided an update, claiming that officers didn’t actually plant any evidence or do anything illegal.
Police shared a lengthy summary of events, along with two body camera clips from the incident. That statement explained that the driver of the vehicle was pulled over for going 63 in a 45mph zone.
Two passengers in the backseat who were then spotted without seatbelts were asked to identify themselves and step out of the car. During a search of one passenger’s pockets, an officer pulled out “an empty corner tear” from a plastic baggie.
Police claim the corner tear did not contain any illegal substances, though they said this type of packaging is a common method for holding illegal drugs.
In one body cam clip, an officer can be heard briefly questioning the backseat passenger about the baggie. Then, that piece of plastic gets handed off to different officers who also determined it as empty before the officer in the original viral video discarded it into the back of the car.
The officer can also be seen explaining where the plastic came from to the passenger recording him.
“Aye, bro you just threw that in here!” the front seat passenger says, as heard in his version of the events.
“Yeah, cause it was in his pocket and I don’t want to hold onto it. It’s on their body cam that they took it off of him…I’m telling you where it came from, so. It’s an empty baggie at the moment too, so,” the officer replies.
The department went on to explain that while it would discourage officers from discarding items into a citizen’s car, this footage proves that evidence was not planted.
Authorities also noted that no arrests were made in this incident and the driver was the only one issued a citation for speeding. The statement added that since four officers were present at the scene, police have more than six hours of footage to review but they promised to release the footage in full in the near future.