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WASHINGTON – The decision of a federal judge that the Obama Health Act is unconstitutional has been a stench bomb among Republicans, who have seen health care policy switch while the Americans are giving more and more importance to the essentials of the redesign, including the protection of medical and medical conditions rights for more low-income people.
Although the decision of the Texas Republican-appointed judge was radical, it has little immediate practical impact as the Affordable Care Act remains in place while the legal battle continues, possibly for the Court. supreme.
HealthCare.gov, the government site for registrations, was receiving applications on Saturday, the last day in which most states have signed up for coverage next year, and these benefits will come into effect as of from January 1st. The Medicaid expansion will proceed in Virginia, one of the last states to accept this option. Employers will still have to cover the young adult children of workers and Medicare beneficiaries will still benefit from reduced-price prescription drugs.
But Republicans, who still sting their loss of the House in mid-term elections, face a new political dilemma after US District Judge Reed O'Connor said the law on health was totally disabled in 2010.
Warnings about the trial in Texas were part of the political discourse behind the electoral gains of the Democrats. In the November poll, about a quarter of voters were keen to deal with health care, immigration, jobs and the economy, according to VoteCast, a national survey conducted for The Associated Press. The most concerned by health care mainly supported the Democrats.
In his decision, O & # 39; Connor explained that the legal corpus could not be surgically separated from its now foolish obligation to purchase health insurance.
Assuming the Supreme Court upholds, we will get excellent health care for our people, "said President Donald Trump to the press during a visit to Arlington National Cemetery. , Saturday. "We will have to sit down with the Democrats to do it, but I'm sure they want to do it too."
Economist Gail Wilensky, who oversaw President George HW Bush's Medicare program, said the attorneys general of the GOP strongholds who had filed the lawsuit were in reality not very considerate towards their Republican compatriots.
"The fact that they can harm their fellow Republicans does not seem to bother them," Wilensky said. criticism of the national success of President Barack Obama.
"The people who referred to it are a bunch of guys who do not have serious electoral problems, mostly from states where fighting against ACA is good, "she added. "How many elections does it take to find another problem?"
Douglas Holtz-Eakin, top political advisor for Republican John McCain's presidential campaign in 2008, said he was struck by the relative silence of Republicans after the decision
A striking example "The House is not a party to this case and we are looking at the decision and its impact," said AshLee Strong, House Speaker Paul Ryan's spokesperson, R-Wis.
Republicans are "going to have to find what to do," said Holtz-Eakin. "If this is invalidated by the courts, it is not …" We will do it in our own way. "They will have to meet with the Democrats in the House."
The unsuccessful efforts of the GOP last year for the repeal of the law showed that there was no consensus within the party itself.
Trump tweeted Friday night that "Congress must enact a FORTE law providing quality care and protecting pre-existing conditions".
Senate Majority Leader Mitch McConnell, R-Ky., And Representative Nancy Pelosi, D-Calif., Who is scheduled to speak in January. But Trump had no plans to propose to him in the debate on the "abrogation and replacement" of 2017.
The two Republican Republicans issued divergent statements.
Majority leader Kevin McCarthy of California said, "Obamacare is a law that is broken" "I am committed to working with my colleagues on both sides of the chain to ensure that the American health care system works for all Americans. "
The GOP's third leader, the representative of Louisiana, Steve Scalise, praised the judge's decision and made no mention of working with the Democrats, whom he said. he accused of "waging an alarmist campaign" to gain control of the House last month
The Chairman of the House Ways and Means Committee, Representative Kevin Brady, R-Texas., stated that if the law were finally rescinded, the two-party members of Congress should start all over again, working together, and advocating for the continuation of provisions such as protections for pre-existing medical conditions, the absen this permanent life insurance limit and the possibility for young adults to remain protected until the age of 26.
The Democrats were unanimous in condemning the judgment.
Senate Democratic leader Chuck Schumer of New York said voters would remember it. "What will remain, is the Republican appropriation of such a damaging and disastrous lawsuit," tweeted Schumer.
The next chapter of the legal process could take months to materialize.
A coalition of Democratic State agents led by California Attorney General Xavier Becerra will appeal the decision of O 'Connor to the Court of Appeal of the fifth circuit of New Orleans.
"The bottom of the case is unfounded," said Michigan University law professor Nicholas Bagley. "The idea that the unconstitutionality of an unenforceable warrant requires in one way or another to overthrow the entire ACA is crazy." Bagley supports the law in general, but criticized the way it was implemented.
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