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Obama: 'The Affordable Care Act is here to stay' – as it happened Obama: 'The Affordable Care Act is here to stay' – as it happened
(17 days later)
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We’re going to wrap our coverage of the supreme court’s ruling to side with Barack Obama on preserving a key provision of his signature healthcare law.We’re going to wrap our coverage of the supreme court’s ruling to side with Barack Obama on preserving a key provision of his signature healthcare law.
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The Oval Office circa 10.10am ET, as seen by White House photographer Pete Souza.The Oval Office circa 10.10am ET, as seen by White House photographer Pete Souza.
Hugs in the Oval after today's Supreme Court ruling on ACA pic.twitter.com/8HdXpagAnlHugs in the Oval after today's Supreme Court ruling on ACA pic.twitter.com/8HdXpagAnl
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Reporters continue to press Earnest for some comment about John Roberts, the conservative judge chief justice who has twice defended Obama’s healthcare law. Earnest keeps dodging.Reporters continue to press Earnest for some comment about John Roberts, the conservative judge chief justice who has twice defended Obama’s healthcare law. Earnest keeps dodging.
“I’m sure he would appreciate the kind words,” Earnest says, but all he’ll add is that Roberts “looked carefully at the law and rendered a judgment that he believed was consistent with the law.”“I’m sure he would appreciate the kind words,” Earnest says, but all he’ll add is that Roberts “looked carefully at the law and rendered a judgment that he believed was consistent with the law.”
Asked about the phrase on which the decision turned – “established by the state” – and which Roberts criticized as “inartful drafting” on the part of Congress and the administration, Earnest takes issue.Asked about the phrase on which the decision turned – “established by the state” – and which Roberts criticized as “inartful drafting” on the part of Congress and the administration, Earnest takes issue.
“The supreme court’s decision today makes clear that that wasn’t an error, and that the reading of the law and the reading of the law in the context … was quite clear.”“The supreme court’s decision today makes clear that that wasn’t an error, and that the reading of the law and the reading of the law in the context … was quite clear.”
“There might have been style points that were awarded but we’re not concerned with that.”“There might have been style points that were awarded but we’re not concerned with that.”
Earnest is more forthcoming when asked about the administration’s feelings about the ruling.Earnest is more forthcoming when asked about the administration’s feelings about the ruling.
"Pleased, relieved and not particularly surprised by the outcome," said @PressSec of WH reaction to today's SCOTUS ObamaCare decision."Pleased, relieved and not particularly surprised by the outcome," said @PressSec of WH reaction to today's SCOTUS ObamaCare decision.
.@PressSec says Obama called Solicitor General Don Verrilli to congratulate him on the SCOTUS decisions.@PressSec says Obama called Solicitor General Don Verrilli to congratulate him on the SCOTUS decisions
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Obama isn’t thinking about his legacy, Earnest tells a reporter who asks. He is thinking about the legacy of the law in Americans’ lives, he says, blurring the question into his answer.Obama isn’t thinking about his legacy, Earnest tells a reporter who asks. He is thinking about the legacy of the law in Americans’ lives, he says, blurring the question into his answer.
“He is keenly focused on and aware of the impact that this decision will have on the lives of millions of Americans.”“He is keenly focused on and aware of the impact that this decision will have on the lives of millions of Americans.”
Earnest echoes comments made during the president’s speech, about the six million Americans whose subsidies are secured, the “millions more who got their insurance from the Affordable Care Act, and millions more who benefit” by new protections provided by the law, including for discrimination against pre-existing conditions.Earnest echoes comments made during the president’s speech, about the six million Americans whose subsidies are secured, the “millions more who got their insurance from the Affordable Care Act, and millions more who benefit” by new protections provided by the law, including for discrimination against pre-existing conditions.
He again says that the administration was confident throughout the process despite “substantial contingency planning”. “I wasn’t aware of anybody here who was losing sleep over this.”He again says that the administration was confident throughout the process despite “substantial contingency planning”. “I wasn’t aware of anybody here who was losing sleep over this.”
A reporter asks about chief justice John Roberts, against whom Obama voted against as a senator. Would Obama still vote against Roberts, considering that the justice has now saved the signature healthcare law twice? What does Obama make of Roberts now?A reporter asks about chief justice John Roberts, against whom Obama voted against as a senator. Would Obama still vote against Roberts, considering that the justice has now saved the signature healthcare law twice? What does Obama make of Roberts now?
Earnest says “I’m going to reserve comment on that.”Earnest says “I’m going to reserve comment on that.”
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Obama had no advance knowledge of the supreme court’s decision, Earnest says.Obama had no advance knowledge of the supreme court’s decision, Earnest says.
“The supreme court is obviously very wedded to the process of informing the public of their decisions.”“The supreme court is obviously very wedded to the process of informing the public of their decisions.”
He says that “we’re not that surprised” by the decision in the government’s favor. But he concedes that the administration had thought about contingency plans in case the ruling was not so amenable – something that the administration had heretofore not admitted.He says that “we’re not that surprised” by the decision in the government’s favor. But he concedes that the administration had thought about contingency plans in case the ruling was not so amenable – something that the administration had heretofore not admitted.
“There were a range of contingencies that we were mindful, and we certainly aware” that the justices might rule against the government, Earnest says.“There were a range of contingencies that we were mindful, and we certainly aware” that the justices might rule against the government, Earnest says.
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White House press secretary Josh Earnest is giving his daily briefing, and begins by hailing the “illustrative and interesting confluence of events” of the day.White House press secretary Josh Earnest is giving his daily briefing, and begins by hailing the “illustrative and interesting confluence of events” of the day.
He says the supreme court decision and passage of the president’s trade bill “illustarte some interesting things about this president and this presidency.”He says the supreme court decision and passage of the president’s trade bill “illustarte some interesting things about this president and this presidency.”
Earnest then says that Obama “aggressively pursued” these policies with “laserlike focus” concentrated on advancing “the interests of middle-class families”.Earnest then says that Obama “aggressively pursued” these policies with “laserlike focus” concentrated on advancing “the interests of middle-class families”.
“That is why he is so gratified today to see this progress.”“That is why he is so gratified today to see this progress.”
Earnest’s next point is that the events show Obama’s “willingness to work with whomever is willing to work with him”. He gives a shout to Democrats over the ferocious resistance of Republicans to the healthcare law, and then a shout to Republicans for getting over their distaste for him and helping step over rebellious Democrats to pass the trade bills.Earnest’s next point is that the events show Obama’s “willingness to work with whomever is willing to work with him”. He gives a shout to Democrats over the ferocious resistance of Republicans to the healthcare law, and then a shout to Republicans for getting over their distaste for him and helping step over rebellious Democrats to pass the trade bills.
Finally Earnest says the decision and the trade bill’s passage prove that Obama doesn’t give up (Earnest is visibly pleased with how his Wednesday has so far gone).Finally Earnest says the decision and the trade bill’s passage prove that Obama doesn’t give up (Earnest is visibly pleased with how his Wednesday has so far gone).
“If the president had spent a lot of time willing to spend the reading of obituaries” or “the columns relating to the impending death of the Affordable Care Act we probably wouldn’t have made as much progress as we have.”“If the president had spent a lot of time willing to spend the reading of obituaries” or “the columns relating to the impending death of the Affordable Care Act we probably wouldn’t have made as much progress as we have.”
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More from Cruz’s Senate speech, from Cox Radio’s Jamie Dupree and Politico’s Manu Raju.More from Cruz’s Senate speech, from Cox Radio’s Jamie Dupree and Politico’s Manu Raju.
Cruz rips on Roberts: "If Chief Justice Rehnquist could see this court today, he would be filled with sorrow"Cruz rips on Roberts: "If Chief Justice Rehnquist could see this court today, he would be filled with sorrow"
Cruz accuses "far too many" Republicans in Washington who are "quietly celebrating" the Supreme Court ruling on ObamacareCruz accuses "far too many" Republicans in Washington who are "quietly celebrating" the Supreme Court ruling on Obamacare
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Cruz also rails against Republicans crying “crocodile tears” over the decision.Cruz also rails against Republicans crying “crocodile tears” over the decision.
One day of faux outrage from the Washington Cartel won’t fool the millions of courageous conservatives across our country. They know the Republican leadership in Washington is quietly celebrating the Court’s decision. If they believe this issue is now settled so they don’t have to address it, they are sorely mistaken.One day of faux outrage from the Washington Cartel won’t fool the millions of courageous conservatives across our country. They know the Republican leadership in Washington is quietly celebrating the Court’s decision. If they believe this issue is now settled so they don’t have to address it, they are sorely mistaken.
Every GOP candidate for the Republican nomination should know that this decision makes the 2016 election a referendum on the full repeal of Obamacare.Every GOP candidate for the Republican nomination should know that this decision makes the 2016 election a referendum on the full repeal of Obamacare.
Cruz has himself argued before the court as an attorney, with more wins than losses, and he spearheaded a quixotic campaign to shut down the government in 2013 as a means of somehow undermining the healthcare law.Cruz has himself argued before the court as an attorney, with more wins than losses, and he spearheaded a quixotic campaign to shut down the government in 2013 as a means of somehow undermining the healthcare law.
His argument may sting Republicans who want to maintain the appearance of conservative crusaders but who may have actually been dreading today’s decision. A ruling against the government would have meant that millions of Americans, most in southern, Republican states and a huge number in Texas and swing-state Florida, would have lost financial assistance for healthcare.His argument may sting Republicans who want to maintain the appearance of conservative crusaders but who may have actually been dreading today’s decision. A ruling against the government would have meant that millions of Americans, most in southern, Republican states and a huge number in Texas and swing-state Florida, would have lost financial assistance for healthcare.
The Washington Post’s Karen Tumulty has more on the Republicans who feared what a “death spiral” of the healthcare system:The Washington Post’s Karen Tumulty has more on the Republicans who feared what a “death spiral” of the healthcare system:
Former Republican National Committee chairman Ed Gillespie called it “a bad legal outcome, but a good political outcome” for Republicans. But he added that it will increase pressure on his party to come up with a specific alternative to the law ahead of the 2016 elections.Former Republican National Committee chairman Ed Gillespie called it “a bad legal outcome, but a good political outcome” for Republicans. But he added that it will increase pressure on his party to come up with a specific alternative to the law ahead of the 2016 elections.
David Winston, who advises the GOP congressional leadership, said, “Ultimately, the challenge for Republicans is not just how to deal with this law, but where’s the direction? Where are the alternatives?”David Winston, who advises the GOP congressional leadership, said, “Ultimately, the challenge for Republicans is not just how to deal with this law, but where’s the direction? Where are the alternatives?”
Rick Wilson, a Florida-based strategist for Republican statewide candidates nationwide, said he was “relieved by the decision,” which has given his party of reprieve from having to navigate those straits.Rick Wilson, a Florida-based strategist for Republican statewide candidates nationwide, said he was “relieved by the decision,” which has given his party of reprieve from having to navigate those straits.
“I’ve been telling clients for about a month now, listen, this is probably going to be passed, they’ll approve it, and you should not be freaked out by it, because otherwise you’re going to spend the next year and a half getting ads run against you where a weeping Hispanic woman looks at the camera and says ‘They took away my son’s health care. Now he’s dead,’” Wilson said.“I’ve been telling clients for about a month now, listen, this is probably going to be passed, they’ll approve it, and you should not be freaked out by it, because otherwise you’re going to spend the next year and a half getting ads run against you where a weeping Hispanic woman looks at the camera and says ‘They took away my son’s health care. Now he’s dead,’” Wilson said.
You can read the full piece here.You can read the full piece here.
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Republican presidential Ted Cruz has taken to the Senate floor to decry the supreme court justices, accusing them of being “lawless”.Republican presidential Ted Cruz has taken to the Senate floor to decry the supreme court justices, accusing them of being “lawless”.
In a statement, he accuses the court of “judicial activism” and rails against the “handful of unelected judges” in motley language that might make justice Antonin Scalia proud.In a statement, he accuses the court of “judicial activism” and rails against the “handful of unelected judges” in motley language that might make justice Antonin Scalia proud.
The first time, the Court ignored federal law and magically transformed a statutory ‘penalty’ into a ‘tax.’ Today, these robed Houdinis transmogrified a ‘federal exchange’ into an exchange ‘established by the State.’The first time, the Court ignored federal law and magically transformed a statutory ‘penalty’ into a ‘tax.’ Today, these robed Houdinis transmogrified a ‘federal exchange’ into an exchange ‘established by the State.’
As Justice Scalia rightfully put it, ‘Words no longer have meaning if an Exchange that is not established by a State is ‘established by the State.” He also said, ‘We should start calling this law SCOTUSCare’ – I agree.As Justice Scalia rightfully put it, ‘Words no longer have meaning if an Exchange that is not established by a State is ‘established by the State.” He also said, ‘We should start calling this law SCOTUSCare’ – I agree.
For nakedly political reasons, the Supreme Court willfully ignored the words that Congress wrote, and instead read into the law their preferred policy outcome. These judges have joined with President Obama in harming millions of Americans. Unelected judges have once again become legislators, and bad ones at that. They are lawless, and they hide their prevarication in legalese. Our government was designed to be one of laws, not of men, and this transparent distortion is disgraceful.For nakedly political reasons, the Supreme Court willfully ignored the words that Congress wrote, and instead read into the law their preferred policy outcome. These judges have joined with President Obama in harming millions of Americans. Unelected judges have once again become legislators, and bad ones at that. They are lawless, and they hide their prevarication in legalese. Our government was designed to be one of laws, not of men, and this transparent distortion is disgraceful.
On Senate floor, Sen Ted Cruz denounces majority in SCOTUS health ruling: "They are lawless" pic.twitter.com/oXvPGznsXFOn Senate floor, Sen Ted Cruz denounces majority in SCOTUS health ruling: "They are lawless" pic.twitter.com/oXvPGznsXF
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Barack Obama’s very good day has kept improving: with his legacy in healthcare reform vindicated and ensured by the supreme court’s decision, he’s now won a bonus as another signature bill easily passes through the Republican-led House of Representatives.Barack Obama’s very good day has kept improving: with his legacy in healthcare reform vindicated and ensured by the supreme court’s decision, he’s now won a bonus as another signature bill easily passes through the Republican-led House of Representatives.
Per Politico’s Manu Raju:Per Politico’s Manu Raju:
Probably few better days for Obama during his six years in office: His trade bills clear Congress and Supreme Court saves his signature lawProbably few better days for Obama during his six years in office: His trade bills clear Congress and Supreme Court saves his signature law
While White House communications director Jen Psaki describes the atmosphere.While White House communications director Jen Psaki describes the atmosphere.
.@Psaki44 on @CNN: "There may have been some happy dances" after #ACA ruling..@Psaki44 on @CNN: "There may have been some happy dances" after #ACA ruling.
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An unintended consequence of the Obama administration’s victory in court is that a number of states may be feeling buyer’s remorse for having set up expensive, troublesome state-run exchanges. The decision means that states will still get the massive benefit of federal subsidies without having to go through the trouble of a program – meaning some states may revert to the federal program.
The New York Times’ Margot Sanger-Katz reports.
“There may be a little bit of buyers’ remorse going on in some state capitals right now,” said Sabrina Corlette, the director of the Center on Health Insurance Reforms at Georgetown University. She said states underestimated the difficulty and expense of building and maintaining state marketplaces. Now, she said, many officials are asking: “What did we get ourselves into?”
As the law envisioned, state exchanges would provide an opportunity for state insurance regulators to oversee their markets, a role they have long performed. The state exchange system would also allow a greater degree of policy flexibility and control, so state officials could customize the marketplaces for local conditions. What few people grasped was the technical and logistical challenge of building a complex website and customer service operation from scratch.
“Certainly, one of the lessons learned was that it is much more difficult than was expected,” said Joel Ario, who ran the office in the Department of Health and Human Services devoted to building the exchanges after the law passed.
Sanger-Katz notes that three states, Oregon, New Mexico and Nevada, had so much trouble implementing their costly state-run exchanges that they gave up, and that Massachusetts and Maryland had to try it twice before making a system work.
You can check out the rest of that piece here.
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Fallout from the supreme court’s decision continues to drift down from Congress, where the healthcare law’s opponents and supporters have thrown mud at each other for more than five years on the issue.
Republican and House speaker John Boehner: “Obamacare is fundamentally broken, increasing healthcare costs for millions of Americans. Today’s ruling doesn’t change that fact. Republicans will continue to listen to American families and work to protect them from the consequences of Obamacare.
“And we will continue our efforts to repeal the law and replace it with patient-centered solutions that meet the needs of seniors, small-business owners, and middle-class families.”
Democrat and House minority leader Nancy Pelosi meanwhile says opponents to the law look increasingly “ridiculous”.
In a statement she added: “This is a victory for common sense and for all American families. It is long past time for Republicans to abandon their assault on the newfound health security that the Affordable Care Act is providing.
And Hillary Clinton, Obama’s former secretary of state and Democratic candidate for president, “applaud[s]” the decision but also offers a curious qualification in her statement, perhaps suggesting that as president she would be willing to negotiate over its terms.
“I applaud the supreme court’s decision to affirm what the authors of the Affordable Care Act clearly intended and wrote into law: that health insurance should be affordable and available in every state across the country.
“Republicans have waged a sustained attack against this promise … Now that the supreme court has once again re-affirmed the ACA as the law of the land, it’s time for the Republican attacks to end. It’s time to move on.
“The Affordable Care Act isn’t perfect, but the evidence is clear: it’s working. “
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New York Times photographer Stephen Crowley caught the P and VP just after the good news started to sink in.
The clock in the Oval Office stopped at 10:10 AM, moments after President Obama was informed of SCOTUS ACA ruling. pic.twitter.com/wxKsSidRxC
Today's decision is a victory for every hardworking American. Access to quality, affordable health care is a right, not a privilege.
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Princeton health policy expert Galen Benshoof echoes the point that states can develop a variety of systems to match their means with the government’s ends.
The ACA is here to stay. With 1332 innovation waivers, states can refine their coverage systems while still achieving the goals of the law.
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Florida governor Rick Scott has announced that his state will drop a lawsuit against the government over the healthcare law, the AP’s Gary Fineout reports.
Saying Fla. got a "great victory," @FLGovScott says Fla. is dropping lawsuit that contended feds were coercing state to expand Medicaid
Florida has one of the largest populations of Americans who receive federal subsidies despite the fact that their governor has opted out of creating a state-run marketplace.
With the president’s victory in court comes a new campaign for his signature healthcare law: convincing governors to get with the program and set up state-run marketplaces.
Obama hopes to convince at least a few undecided states to create their own exchanges, but Scott, a Republican, is unlikely to be a willing partner. Some states have pursued middle paths: Illinois and Michigan have set up split-management programs with the government; Pennsylvania and Delaware have a “conditional” nod to create exchanges; and Oregon and New Mexico’s could try to set up new exchanges after having failed the first time around.
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The number of uninsured adult Americans is dropping at a record rate, according to federal data released on Tuesday, just in time for the supreme court to tell many of those Americans they would still be able to afford that insurance. My colleague Jana Kasperkevic reports on the CDC data:
Last year, the number of uninsured adult Americans – those 18 to 64 years old – dropped to 16.3% from 20.4% in 2013. The survey of 111,682 people did not track coverage among those 65 and older as most of them are covered through Medicare.
The drop in the number of uninsured Americans has come across the economic and racial spectrum, which can be partially attributed to the expansion in Medicaid. States that expanded their Medicaid coverage had 13.3% of uninsured adults under 65 while the states that did not expand their coverage had 19.6% of uninsured adults.
Texas and Oklahoma had two of the highest rates of uninsured adults at 25.7% and 26.6%, respectively.
You can read the full piece here.
You can also check out a longer piece about Antonin Scalia’s furious dissent with the court’s decision and what he called its “somersaults of statutory interpretation”, by my colleague Ben Jacobs.
Opponents of the Affordable Care Act insisted that such a setup could not apply to exchanges set up by the federal government in states which did not create their own healthcare exchange – and that mass uncertainty might follow.
Scalia echoed these arguments and insisted the court was reading in such an absurd way that “words no longer have meaning”.
You can read that piece here.
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Borchelt also liked the way the court read the decision – establishing a bulwark against certain very literal readings of law:
“It’s great that the court decided that even though the statute was a little unclear that they could read it in context of the entire law and recognize that, of course, the Congress meant for the tax credits to go to the exchanges set up by the Federal government.
“Otherwise, it would make no sense. It would not make sense for one type of an exchange to help make insurance affordable and for the other type to not – for people on federal exchanges to lose that important financial help.”
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The president is not the only figure who has taken a victory lap to celebrate the supreme court’s decision. My colleague Jana Kasperkevic reports:
“This ruling is a huge victory for women and their families,” said Gretchen Borchelt, vice-president for health and reproductive rights at the National Women’s Law Center.
“If [the court] took insurance coverage away, if they took the tax credits away, the insurance market would apart and people would lose the coverage that they are finally getting.
“We are hearing from women all the time about what difference Obamacare has made for them. They are finally able to afford insurance for the first time with the help of the tax credits.
“They are finally getting the care they need and for the supreme court to take that away from them would have rocked the nation. It’s really so important that the court has stepped in. It would hopefully put an end to all these challenges to the Affordable Care Act and let the law stand.”
Cecile Richards, President of Planned Parenthood Federation of America, offered a statement also praising the decision.
“Our health care system only really works if it works for everybody. Everyone – no matter where they live or how much money they have – should have access to basic health care. That’s why we fought so hard for the Affordable Care Act in the first place.”
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He says “the whole point of public service” is to look after each other and improve the lot of fellow Americans. “So this was a good day for America. Let’s get back to work.”
With that he shakes vice-president Joe Biden’s hand with a grin and they depart from the garden.
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Obama says he’s going to work as hard as he can to convince governors to create state-run marketplaces.
“So we’ve got more work to do but what we’re not goin gto do is unravel what has been woven into the fabric of America. And my greatest hope is rather than to keep refighting battles that have been fought again and again and again, I can work with Republicans and Democrats to move forward. Let’s join together.”
He now compares the legislation to the passage of social security to help senior citizens decades ago. He then compares it to Medicare, which also helped millions of people. “We decided to to finish” the battle, he says.
“We chose to write a new chapter where in a new economy, Americans are free to change their jobs or start a business, chase a new idea, free from fear. Secure in the knowledge that portable, affordable healthcare will always be there.
“And if we get sick, we’re not going to lose our home, and if we get sick we’re still going to be able to look after our families. That’s when America soars, when we look out for one another.”