Supreme Court to Judge Affordable Care Act

Happy Second Birthday; Some Hope There Won’t Be a Third

Friday was the second birthday of the Patient Protection and Affordable Care Act, but the bill may not see a third if the Supreme Court strikes it down after hearing arguments on the act’s legality this week. At least, that’s what Doug Carlson of the Southern Baptist Ethics & Religious Liberty Commission hopes will happen.

“The Department of Health and Human Services (HHS) issued a rule requiring that, under state health care exchanges, every enrollee in these insurance plans must pay a $1 surcharge directly into an account for abortions,” Carlson said. This comes after a January HHS directive that would require most religious employers to provide free contraception and other controversial reproductive health services in their insurance plans caused a political and religious fury.

Yale Legal Scholar Says Act Will Survive Supreme Court Scrutiny

But it would be “remarkable” if the Supreme Court struck down the act’s individual mandate to purchase health insurance and “revolutionary” if it struck down the act’s “extension of Medicaid to increase coverage for the poor,” Jack M. Balkin, Knight Professor of Constitutional Law and the First Amendment at Yale Law School, said at The Atlantic. Overturning the medicaid expansion would “throw into doubt the way that modern federal government works with states and it would jeopardize many popular social programs,” Balkin said.

Projected Employer Insurance Dump Could Reduce Deficit

The Affordable Care Act will cause a lot of employers to “dump people on government-run exchanges to get them off their neck,” Philip Klein, senior editorial writer for The Washington Examiner, said in an interview with CBN News. But a new Congressional Budget Office report “argues that dramatic increases in employer dumping could reduce, not expand, the deficit,” Forbes “Apothecary” blogger Avik Roy said in a post at The Atlantic. In another post, Roy said the idea that the U.S. health-care system is predominantly a free-market one is a myth. “In reality, per-capita state-sponsored health expenditures in the United States are the third-highest in the world, only below Norway and Luxembourg. And this is before our new health law kicks in.”

President’s Standing With Catholics in Jeopardy

Nonetheless, the campaign of religious conservatives against the act “is taking some toll on the president’s standing with Catholics,” The Washington Post reported. The article cited a new survey from the Pew Forum on Religion and Public Life that found “the percentage of white Catholics who said the Obama administration is unfriendly toward religion has nearly doubled since 2009, from 17 percent to 31 percent” and, among all Catholics, the percentage rose from 15 percent to 25 percent.

Republicans Have Troubles of Their Own

Republicans have problems with their own alternative to the president’s plan, however. On Thursday, House Republicans “voted to eliminate language in their healthcare reform bill that said the U.S. healthcare industry affects interstate commerce, which Republicans feared could undermine their argument that the Democrats’ 2010 healthcare law abused the Commerce Clause of the Constitution,” The Hill reported.

Prayer Rallies Left and Right

On Friday, pro-life groups held rallies in cities around the country to protest the “unjust violation of our religious liberty by the Obama Administration’s contraception, sterilization and abortion-inducing drugs mandate” and, on Sunday, they surrounded the Supreme Court building to pray “that justice may be done in these proceedings” and that “the religious freedom and freedom of conscience will be respected, that there will be no taxpayer subsidizing of abortion, and that the US Constitution will be honored.”

Today religious supporters of the act who want to “help people of faith move beyond cable news interpretations of health care reform” will follow suit by encircling the Supreme Court for prayer during oral arguments. According to The New York Times, their plan originated in the White House earlier this month.

As someone who joined the ranks of the uninsured this year for the first time in my adult life, I’ll be watching debate about the Affordable Care Act closely. I don’t know what the best solution is to the problem of unaffordable health insurance, but like an increasing number of Americans, I need one.

What do you think?

Do you want to see the Patient Protection and Affordable Care Act enacted or overturned?