Romney Camp Agrees that Individual Mandate Not a Tax

By: Monday July 2, 2012 9:35 am

I think there’s a lot of reason to be concerned about the loss of Medicaid benefits for millions of low-income Americans in conservative-leaning states. I don’t think there’s much reason to be concerned about this propaganda about the Affordable Care Act being the “largest tax increase in history.” First of all, it isn’t. The mandate [...]

Chief Justice Roberts May Have Switched Health Care Vote at Last Minute

By: Thursday June 28, 2012 11:35 am

Was there a late-game shift in the thinking of the Supreme Court on their Affordable Care Act ruling? That’s certainly the implication from this catch by Brad DeLong. Repeatedly in his opinion, Justice Antonin Scalia refers to Ruth Bader Ginsburg’s concurring opinion as a “dissent.” An example, which is littered throughout the text: Our test’s [...]

Quick Reactions on Upholding of the Affordable Care Act

By: Thursday June 28, 2012 7:53 am

You can now read the opinion in National Federation of Independent Business v. Sebelius, the health care ruling, here. This is a complicated ruling, with long-term implications that go well beyond health care. The short version is that the ACA is “upheld,” but that really doesn’t tell the whole story. On the question of the [...]

Single Payer Fight to Intensify in States if Court Strikes Down Health Care Law

By: Wednesday June 27, 2012 10:54 am

One school of thought in progressive circles, if the Supreme Court strikes down the Affordable Care Act, is that this will afford an opportunity to return to the public with a full-throated call for “Medicare for All,” a single-payer system that would use taxes to fund health coverage for all of the country’s citizens, as [...]

How California Would Handle the Striking Down of the Individual Mandate

By: Wednesday June 27, 2012 8:22 am

If the entire Affordable Care Act gets struck down tomorrow, that would trigger a fair bit of chaos, with lawsuits and scrambling for reauthorization of programs like the Indian Health Service expected. But if the Supreme Court just throws out the individual mandate – and even if they toss insurance regulations like guaranteed issue (the [...]

Reminder: Individual Mandate Carries a Weak, Easily Evaded Penalty

By: Tuesday June 26, 2012 11:40 am

I appeared on a radio show last week and casually mentioned that the penalty attached to the individual mandate – the source of all this consternation and Supreme Court litigation – is actually pretty weak. The other end of the line went silent. This is not something known to the vast majority of the public [...]

Chaos Lurks in Potential SCOTUS Rulings on Obamacare

By: Tuesday June 26, 2012 8:59 am

I do want, at some point, to get into what the world will look like after the Supreme Court ruling on health care, and the implications for where progressives go – and where the political class will be willing to be taken – in the aftermath. But I do want to highlight just what a [...]

Supreme Court Expected to Deliver Partisan Response to Health Care Law

By: Monday June 25, 2012 6:57 am

Either in a few minutes or on Thursday, we will know what the Supreme Court decides in the case of the Affordable Care Act. They could go in a variety of directions, from upholding the entire law to taking the whole of it down, to a number of options in between (indeed, the Court could [...]

UnitedHealth, Others Will Keep Several Insurance Regulations Even If SCOTUS Tosses Out Obamacare

By: Tuesday June 12, 2012 9:57 am

Every political reporter in the country is anxiously awaiting the list of opinions from the Supreme Court every Monday and Thursday from now until the end of the month. At some point, the decision on the Affordable Care Act will come out. But that will actually not signal the fate for the law, or at [...]

Republicans May Opt to Reinstate Parts of Obamacare if Invalidated by Supreme Court

By: Thursday May 17, 2012 1:03 pm

Republicans think they’ve figured out a way to clean up after the ruling on the Affordable Care Act from the Supreme Court. They have articulated a series of options after the fact to retain some elements of the law, the parts they view as the most popular. If the law is upheld, Republicans will take [...]

Obama’s Comments on the Supreme Court Were Not a Threat

By: Tuesday April 3, 2012 10:22 am

Before Republicans get around to whining about what Obama said about their budget, they have to complete their whine about what Obama said yesterday about the Supreme Court. The President intimated that the Justices would be engaging in “judicial activism” if they overturned the individual mandate and other aspects of the Affordable Care Act. Two [...]

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