US Supreme Court today refuses to overturn its flagship law Barack Obama for health insurance, the so-called Obamacare, maintaining the health coverage of millions of Americans.
His decision, taken by a majority of seven judges out of a total of nine, is a retrospective blow to former US President Donald Trump, who had used every means to repeal his predecessor’s iconic law.
Their decision, the third on the law, is based on one aspect of the process: according to them, Texas and other Republican states that filed the lawsuit were not entitled to do so.
New Democratic President Joe Biden had called “cruel” this latest attempt by Republicans to repeal a law that proved useful, especially during the Covid-19 pandemic.
In its original form, Obamacare required all Americans, even those in good health, to take out insurance otherwise they would face financial penalties and force companies to insure all potential customers, no matter what their health status was. .
What is Obamacare?
This reform made it possible to offer health insurance coverage to 31 million Americans who did not have it at the time, but Republicans have always viewed the insurance obligation as an abuse of government power.
Their first appeal therefore targeted this “individual order”. The Supreme Court upheld it in 2012, considering that the financial sanctions could be considered as taxes and justified the intervention of the state.
Upon his arrival at the White House, Donald Trump attempted to repeal the law in Congress, but was defeated. Republican lawmakers, however, managed to amend it in 2017 and zero fines for lack of insurance.
Many Republican states have gone to court again, arguing that the law no longer applies. In December 2018, a Texas federal judge acquitted them: the “cornerstone” of the law had been removed, the entire law was unconstitutional, it had ruled then.
This decision was annulled today by the Supreme Court.
“We have not settled the question of the validity of the law, but Texas and the other plaintiffs have no jurisdiction to raise it,” progressive Judge Steven Breguer wrote on behalf of the majority of his colleagues.