The court is due to decide by the end of June whether to jettison
tax subsidies in 34 states that help low- and moderate-income people
buy medical coverage. A political flashpoint since it was signed
into law by President Barack Obama in 2010, the Affordable Care Act
(Obamacare) makes federal subsidies available to people who cannot
afford to pay for health insurance.
The challenge, mounted by conservative critics, focuses on four
words in the law: "established by the state." The court is being
asked to decide if that means only people using state-run exchanges,
as opposed to one administered by the federal government, are
eligible for federal subsidies to pay for insurance.
If the court rules against that section of the law, it could leave
up to 6.4 million people without health coverage, increasing
pressure on Republicans to produce a viable alternative or take the
blame for the resulting chaos.
Presidential battleground states such as Florida, Ohio, Wisconsin
and North Carolina will be among the states with residents who lose
their subsidies, heightening the political impact.
NOW YOU HAVE IT, NOW YOU DON'T
A number of Republican proposals would unwind Obamacare altogether.
Republicans have criticized it as a bloated, big-government solution
and objected to its mandate requiring insurance coverage. Still,
more than 16 million Americans have acquired health coverage under
the law.
Republicans who have long fought the law could begin to look
hard-hearted and ineffectual if they ignore what is certain to be an
explosion of stories about Americans losing health insurance.
"Republicans will have to move quickly because they can't look like
they are sitting around making political calculations while people
are losing their insurance," said Robert Blendon, a health policy
and politics analyst at Harvard University.
"They won't be able to say 'call us in 2017.' It's going to be a
very explosive and pressing issue," Blendon said.
The issue could be made even more urgent by the timing of the
pending decision. It is seven months before the first nominating
contests for the November 2016 election, which will decide the next
president and the balance of power in the U.S. Congress.
If the court strikes down the subsidies, Democratic contenders such
as Hillary Clinton will be able to point the finger of blame at
Republicans, while Republican hopefuls will have to balance the
search for a solution with concerns over conservative primary voters
who will accept nothing short of the law's repeal.
And by virtue of their roles in Congress, Republican presidential
contenders Ted Cruz of Texas, Marco Rubio of Florida, Rand Paul of
Kentucky and Lindsey Graham of South Carolina, all U.S. senators,
would be smack in the middle of the political battle.
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VIRULENT OPPOSITION COULD FOIL FIX
In theory, Congress could restore the subsidies by amending the four
words in the law that are at issue. But the partisan gridlock in
Congress over a Democratic-backed law passed over Republican
opposition makes that outcome unlikely.
Some Republican lawmakers in Congress met this month to discuss
possible solutions, including a short-term restoration of the
subsidies in exchange for concessions such as elimination of the
mandate that all individuals have insurance or face a fine.
Republicans could craft a law along those lines, forcing Obama to
decide whether to veto such a bill and risk becoming a political
heavy.
For Republicans, that could carry the added bonus of forcing Clinton
to take a stand for or against the law and by extension Obama.
The Republican response could be complicated by conservatives like
Cruz, who pushed a fight to repeal Obamacare in 2013 that led to a
16-day shutdown of the federal government. He has said he will lead
the opposition to any plan that keeps even a portion of Obamacare
alive.
"In a perfect world, we would take that opportunity to repeal
Obamacare. At a minimum, we should allow states to opt out," Cruz
recently told political news website Politico.
AMERICANS GENERALLY SATISFIED - POLL
Republicans have taken dozens of votes in Congress to repeal or
alter the law without success. Polls have mostly shown, with little
variation, that only a slim majority of Americans disapprove of
Obamacare.
A Reuters/Ipsos opinion poll published in May found that Americans
with health insurance under Obamacare, including Republicans, are
generally satisfied with it.
Obamacare was opposed by 53 percent of almost 21,000 Americans
surveyed, and favored by 47 percent. But 60 percent of the roughly
1,800 survey respondents who have coverage through Obamacare favored
the law. Within that group, almost two-thirds were satisfied with
the healthcare they were getting, including 73 percent of Democrats
and 53 percent of Republicans.
(Reporting by John Whitesides; Editing by Will Dunham, Toni
Reinhold)
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