The Court will decide the future of health reform that Obama seeks to leave a legacy.
Wednesday eyes turn to the Supreme Court of the United States, which address the legality of a detail of the law known as “Obamacare” and decide the future of health reform that Barack Obama seeks to leave a legacy.
In this eminently political debate, the highest court in the land can bring down one of the pillars of the law, which would inevitably lead to the collapse of the whole reform, which is the goal of the Republican opposition in Congress and in the field court.
In June 2012, the president of the high court, the conservative John Roberts, the law saved in extremis, to add your vote to the four liberal justices, who argued that the Court should not interfere in political quarrels.
In June 2014, the enemies of health reform won a battle when the Supreme Court held that no obligation on an employer to pay for contraceptives to their employees if it was against their religious convictions.
This time, as in 2012, the nine judges have in their hands the fate of the law, which already benefited more than ten million Americans.
“Do not think that will be the end of the trilogy, there will still be more lawsuits against Obamacare before the Supreme Court for decades,” predicts law professor Jonathan Adler.
The question is whether the millions of those beneficiaries, who signed health insurance through the government website, have or do not qualify for tax exemptions.
The members of the Court “analyze a minor detail interpretation of the law, and not on the constitutionality of the entire text,” explains Elizabeth Wydra constitutional lawyer. But that point could “will damage the law to the point that would lead to the same result, which will invalidate the law,” he said.
Since the entry into force of the law in January 2014, Americans can subscribe health insurance in your state or if he refuses to supply it directly to the Ministry of Health, which made available the healthcare website.
However, of the 50 US states, 34 -most with Republicans governors refused to acquire “stock exchanges”, a system that enables competition between companies and insurance contracts.
The “Obamacare” proposes tax relief to Americans who signed health insurance in those bags “established by the states.” The future of law lies in those four words.
If the Supreme Court decides to interpret in a restrictive sense, the law inevitably enter into a “death spiral” argues the Council of Citizens for Health Freedom.
“The days are numbered Obamacare” believes this favorable to the repeal of the law partnership. “A victory for the plaintiffs will mean that all infrastructure collapses. Without aid, millions of people cannot afford the payments and simply will choose not to adhere to the system”.
Faced with the applicants David King, a Vietnam veteran and three other residents of Virginia-the Obama administration Wednesday defend “the only possible reading of the text,” he said.
In approving the law, “Congress had, without any ambiguity, intended to grant tax aid in every state,” says Secretary of Health, Sylvia Burwell.
Make a restrictive reading of the text would, she said, “disastrous consequences” for coverage of health of Americans. And would result, according to the expert Steven Schwinn, a “dismantling” the entire system.