- 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)
After Uvalde, Politicians, Public Figures, Gun Violence Survivors, and More Call For Change
“When are we going to do something?” Golden State Warriors Coach Steve Kerr asked during an emotional plea at a press conference.
Uvalde Shooting Kills 21 People
Democratic politicians, activists, and many others are calling for gun reform in the United States after 19 children and two teachers were killed in a Tuesday shooting at Robb Hill Elementary School in Uvalde, Texas.
The 18-year-old suspected gunman was reportedly killed by officers. The massacre marks the 27th school shooting of 2022, according to Education Week.
It also comes just a week and a half after 10 people were killed in a shooting in Buffalo, New York, and another shooting in a Southern California church left one person dead and several others injured.
Sen. Chris Murphy (D-Ct.) spoke fervently on the Senate floor Tuesday, slamming his colleagues for refusing to pass gun control legislation that could prevent future shootings.
“What are we doing?” he asked of his fellow lawmakers. “Why do you spend all this time running for the United States Senate? Why do you through all the hassle of getting this job, of putting yourself in a position of authority, if your answer is, as the slaughter increases, as kids run for their lives, we do nothing? What are we doing?
“Why are you here if not to solve a problem as existential as this?” he continued. “This isn’t inevitable. These kids weren’t unlucky. This only happens in this country.”
“And it is a choice. It is our choice.”
President Joe Biden likewise urged action by supporting the now-expired assault weapons ban.
“We can do more. We must do more,” he added.
Public Figures And Shooting Survivors Speak Out
The demands for change spread far past political figures. Golden State Warriors coach Steve Kerr took time out of a pre-game press conference to passionately plead for common-sense gun control. He specifically called on Senators to vote on H.R. 8, a background check bill previously passed in the House.
“When are we going to do something?” Kerr asked while slamming his hands on the table.
“I ask you, Mitch McConnell, I ask all of you senators who refuse to do anything about the violence and school shootings and supermarket shootings. I ask you: Are you going to put your own desire for power ahead of the lives of our children and our elderly and our churchgoers?” Kerr continued. “Because that’s what it looks like.”
He went on to say that Americans, who largely support background checks, are “being held hostage by 50 Senators who refuse to even put it to a vote.”
Grammy Award-winning musician Taylor Swift shared his message, adding that she is filled with “rage and grief” not just from the shootings, but by “the ways in which we, as a nation, have become conditioned to unfathomable and unbearable heartbreak.”
“It doesn’t have to be this way,” tweeted David Hogg, an activist and survivor of the 2018 school shooting in Parkland, Florida. “The way we will make this time different is by Americans on both sides of the aisle collaborating on what we can agree on to get something done even if small. Kids are dying we have to do something.”
Manuel Oliver, the father of one of the children lost in the Parkland shooting, slammed the inaction of politicians in an interview on CBS News.
“The families don’t need your freaking hearts,” Oliver said. “They need their kids, and the kids are not there anymore. So I feel very angry and offended and I just don’t understand how come a whole society doesn’t wake up.”
People impacted by the 2012 Sandy Hook shooting also spoke out, including Mary Ann Jacob, who worked as a librarian at the school during the shooting.
“I’m so sorry those deaths did not change our world,” Jacob wrote.
Texas-based figures felt especially compelled to stand up as the tragedy hit so close to home. Academy Award-winning actor Matthew McConaughey, whose hometown is Uvalde, wrote a message on social media asking Americans to “take a longer and deeper look in the mirror and ask ourselves, ‘What is it that we truly value?’”
“We have tragically proven that we are failing to be responsible for the rights our freedoms grant us,” McConaughey wrote.
“Action must be taken so that no parent has to experience what the parents in Uvalde and the others before them have endured.”
Fellow Texas native Selena Gomez also took to social media to argue for action.
“If children aren’t safe at school where are they safe? It’s so frustrating and I’m not sure what to say anymore,” the “Only Murders in the Building” star wrote on her Instagram story. “Those in power need to stop giving lip service and actually change the laws to prevent these shootings in the future.”
We make it a point to not include the names and pictures of those who may have been seeking attention or infamy and will not link out to websites that might contain such information.
Lawmakers Call For Action as Oil Companies Post Record Profits Amid Rising Gas Prices
A recent analysis from the Center for American Progress found that the top five oil companies earned over 300% more in profits during the first quarter of 2022 than the same period last year.
As Consumer Prices Climb, Big Oil Profits
American oil companies are facing increased scrutiny over profiteering practices as gas prices continue to surpass record highs driven by Russia’s ongoing war in Ukraine.
Last week, costs surged to above $4 per gallon in all 50 states for the first time ever, according to the auto club AAA. Prices are currently averaging over $4.59 per gallon nationwide, which is 50% higher than they were this time last year.
In addition to consumers hurting at the pump, there are also rising concerns for industries that rely on fuel and oil like trucking, freight, airlines, and plastic manufacturers.
To account for high prices, some in sectors have responded by ramping up prices further down the supply chain to account for costs, putting even more of a burden on consumers to pay for everyday items.
But as Americans struggle with sky-high gas prices at a time of record inflation, recently released earnings reports show that many of the world’s largest oil companies thrived in the first quarter of 2022.
ExxonMobil more than doubled its earnings from the same period last year, reporting a net profit of $5.5 billion. Meanwhile, Chevron logged its best quarterly earnings in almost a decade, and Shell had its highest earnings ever.
According to a new analysis conducted by the Center for American Progress, the top five oil companies — including the three mentioned above — earned over 300% more in profits this quarter than during the same time last year.
“In fact, these five companies’ first-quarter profits alone are equivalent to almost 28 percent of what Americans spent to fill up their gas tanks in the same time period,” the report noted.
Per Insider, for at least four of those companies, that growth marks a tremendous increase in profits from even before the pandemic.
Lawmakers Ramp-Up Efforts to Reduce Prices
To address these startling disparities, federal lawmakers have moved in recent weeks to increase pressure on oil companies and take steps to lower prices.
On Thursday, the House of Representatives passed a bill proposed by Rep. Katie Porter (D-Ca.) that aims to reduce gas prices. The legislation, called The Consumer Fuel Price Gouging Prevention Act, would give the president the authority to issue an Energy Emergency Declaration that would be effective for up to 30 days with the possibility of being renewed.
In that emergency period, it would be illegal for anyone to increase gas or home energy fuel prices to a level that is exploitative or “unconscionably excessive.”
The proposal would also give the Federal Trade Commission the power to investigate and manage instances of price gouging from larger companies and give state authorities the ability to enforce price-gouging violations in civil courts.
The bill, which has already seen widespread opposition from Republicans and extensive lobbying from pro-oil interest groups, faces an uphill battle in the 50-50 split Senate.
During debate on the act Thursday, Rep. Porter delivered an impassioned speech accusing oil companies of driving their record profits by using their market power to unfairly increase prices.
“The oil and gas industry currently has more than 9,000 permits to drill for oil on federal land, but they are deliberately keeping production low to please their investors and increase their short-term profits,” she said. “Even when the price of crude oil falls, oil and gas companies have refused to pass those savings on to consumers.”
“Let me be clear: price gouging is anti-capitalist,” Porter continued. “It exploits a lack of competition, which is a hallmark of capitalism. It is an effort to juice corporate profits at the expense of customers. Energy markets are reeling because of Russia’s invasion of Ukraine. Big oil companies, however, are using this temporary chaos to cover up their abuse.”
See what others are saying: (The Washington Post) (Vox) (NPR)
Lincoln College to Close for Good After COVID and Ransomware Attack Ruin Finances
Last year, 1,043 schools in the U.S. were the victim of ransomware attacks, including 26 colleges or universities, according to an analysis by Emsisoft.
One of the Only Historically Black Colleges in the Midwest Goes Down
After 157 years of educating mostly Black students in Illinois, Lincoln College will close its doors for good on Friday.
The college made the announcement last month, citing financial troubles caused by the coronavirus pandemic and a ransomware attack in December.
Enrollment dropped during the pandemic and the administration had to make costly investments in technology and campus safety measures, according to a statement from the school.
A shrinking endowment put additional pressure on the college’s budget.
The ransomware attack, which the college has said originated from Iran, thwarted admissions activities and hindered access to all institutional data. Systems for recruitment, retention, and fundraising were completely inoperable at a time when the administration needed them most.
In March, the college paid the ransom, which it has said amounted to less than $100,000. But according to Lincoln’s statement, subsequent projections showed enrollment shortfalls so significant the college would need a transformational donation or partnership to make it beyond the present semester.
The college put out a request for $50 million in a last-ditch effort to save itself, but no one came forward to provide it.
A GoFundMe aiming to raise $20 million for the college only collected $2,452 as of Tuesday.
Students and Employees Give a Bittersweet Goodbye
“The loss of history, careers, and a community of students and alumni is immense,” David Gerlach, the college’s president, said in a statement.
Lincoln counts nearly 1,000 enrolled students, and those who did not graduate this spring will leave the institution without degrees.
Gerlach has said that 22 colleges have worked with Lincoln to accept the remaining students, including their credits, tuition prices, and residency requirements.
“I was shocked and saddened by that news because of me being a freshman, so now I have to find someplace for me to go,” one student told WMBD News after the closure was announced.
When a group of students confronted Gerlach at his office about the closure, he responded with an emotional speech.
“I have been fighting hard to save this place,” he said. “But resources are resources. We’ve done everything we possibly could.”
On April 30, alumni were invited back to the campus to revisit the highlights of their college years before the institution closed.
On Saturday, the college held its final graduation ceremony, where over 200 students accepted their diplomas and Quentin Brackenridge performed the Lincoln Alma Mater.
Last year, 1,043 schools in the U.S. were the victim of ransomware attacks, including 26 colleges or universities, according to an analysis by Emsisoft.