Health

Supreme Court’s New Health Law Case Cuts Both Ways

Published

10 years ago

February 5, 2015

In this March 28, 2012 file photo, supporters of health care reform rally in front of the Supreme Court in Washington on the final day of arguments regarding the health care law signed by President Barack Obama. Nearly five years after Obama signed his health care overhaul into law, the Supreme Court will again get to decide its fate. (AP Photo/Charles Dharapak, File)

RICARDO ALONSO-ZALDIVAR, Associated Press

WASHINGTON (AP) — The Supreme Court is taking another look at President Barack Obama’s health care law, and this time it’s not just the White House that should be worried.

Republican lawmakers and governors, too, will feel the backlash if the court invalidates insurance subsidies worth billions of dollars to people in more than 30 states.

Obama’s law offers subsidized private insurance to people who don’t have access to it on the job. Without financial assistance with their premiums, millions of those consumers would drop coverage.

Disruptions in the affected states wouldn’t end there. If droves of healthy people bail out of HealthCare.gov, residents buying individual policies outside the government market could be next. Self-pay customers would face a jump in premiums because they’re in the same insurance pool as the subsidized ones.

Health insurers spent millions to defeat the law as it was being debated. But the industry told the court last month that the subsidies are a key to making the overhaul work. Withdrawing them would “make the situation worse than it was before” Congress passed the Affordable Care Act.

The debate over “Obamacare” was messy enough when just politics and ideology were involved. It gets really dicey with the well-being of millions of people in the balance.

“It is not simply a function of law or ideology; there are practical impacts on high numbers of people,” said Republican Mike Leavitt, a former federal health secretary now heading a health care consulting firm.

The legal issues involve the leeway federal agencies have in applying complex legislation. Opponents argue that the precise wording of the law only allows subsidies in states that set up their own insurance markets, or exchanges. That would leave out most beneficiaries, who live in states where the federal government runs the exchanges. The administration and the law’s Democratic authors say Congress clearly intended to provide subsidies in every state.

While predicting a victory, the White House has not prepared consumers for the consequences of a reversal. Health and Human Services Secretary Sylvia M. Burwell repeatedly said that “nothing has changed,” even as other supporters of the law grew alarmed when the Supreme Court unexpectedly took the case.

At a Senate hearing Wednesday, Burwell refused to get into ‘what-if’ scenarios, telling Republican lawmakers she is completely focused on the current sign-up season.

With oral arguments set for March 4 and a decision expected early in the summer, here’s what’s at stake:

RED STATES IN THE PATH

Insurance losses would be concentrated in Republican-led states, which have resisted “Obamacare.”

Florida, Texas, North Carolina, Georgia, Michigan, and New Jersey are among those with the most to lose. Residents of blue states that are running their own markets would continue to receive benefits.

Because the health law’s 2015 sign-up season is still under way, it’s unclear how many millions of people could become uninsured. Two independent studies estimate around 8 million.

Not all the 37 states where the federal government is currently running insurance markets would be affected equally. Some have made progress setting up their own exchanges.

TIME TO SCRAMBLE

If the Supreme Court rules in late June, that would leave about three months until the start of the next sign-up season for coverage.

If the ruling goes against the subsidies, it’s unclear whether the courts can delay the effects for more than a few weeks, and most state legislatures are not in session during the summer.

There’s speculation that the White House could quickly roll out an administrative fix, but Obama could also toss the whole mess into the lap of the GOP-led Congress.

Technically, a tweak from Congress could fix the problem. But after repeated votes to repeal “Obamacare,” would any Republicans be willing to facilitate its rescue?

“We don’t see fixes the administration can make, and we don’t see Congress acting to fix this,” said Neera Tanden, president of the Center for American Progress, a public-policy center aligned with the White House.

REPUBLICAN vs. REPUBLICAN?

Faced with constituents at risk of losing coverage, some congressional Republicans may be willing to fix the subsidies in exchange for concessions from Obama on a long hit list of health law provisions they object to.

But other Republicans will not want to lift a finger.

“The president will say, ‘With one line of legislation, you could save 5 million people from losing their health insurance,’ and the Republicans need to have a unified response,” said Leavitt, the former HHS secretary. “If they don’t, then it creates a problem for them.”

Despite several proposals in the five years since Obama’s overhaul passed, Republicans have not coalesced around an alternative and remain hard-pressed to do so.

To complicate matters, congressional action restoring some or all of the subsidies would have to be paid for with spending cuts or tax increases.

The last time the Supreme Court ruled on the health care law, the result was a 5-4 decision upholding its central requirement that virtually all Americans must carry health insurance. This time, it won’t just be political junkies holding their breath before the announcement, but many consumers as well.

___

The case is King v. Burwell, docket No. 14-114.

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Activism

Oakland NAACP President Stands on the Frontlines for Equity

With education as a cornerstone, Adams emphasized the importance of youth having access to quality kindergarten through 12th-grade education along with college or vocational programming beyond high school. “I feel that it’s so important for our children to get a good education in K-12th grade, along with the colleges of their choice, especially with the HBCU’s (Historically Black Colleges and Universities).”

Published

1 day ago

January 7, 2025

Oakland Post

NAACP Oakland President Cynthia Adams. Photo Courtesy of Cynthia Adams.

By Carla Thomas

For Cynthia Adams, president of the Oakland chapter of the NAACP, fighting for the rights of Black people comes naturally. With southern roots in Arkansas, Adams experienced firsthand the injustice and unfairness of racism.

“Growing up in the Jim Crow South, I experienced the unfair treatment of people of color and how faith can inspire communities to bring about positive and long-lasting change,” said Adams. Adams says a combination of her family and faith has kept her strong in the face of adversity and inspired her life’s work of advocacy.

Adams chose education as a career path — and a means to achieve equity and overcome racism. She earned her bachelor’s degree at the University of Arkansas at Pine Bluff and later received an advanced degree from California State East Bay.

Adams’ experience as an Oakland Unified School District (OUSD) recorder, a counselor, a researcher, and a college recruiter has allowed her to be laser-focused on youth. She also served as the chairperson for the Oakland NAACP youth.

“The mission of the National Association for the Advancement of Colored People is to ensure the political, educational, social, and economic equality of rights of all persons and to eliminate race-based discrimination. We want to ensure our citizens have equal rights and opportunities without discrimination based on race.”

As a partner with the State of California’s Stop the Hate campaign, Adams says the initiative is a step in the right direction. “It’s great that our governor and state created the Stop the Hate campaign and provides resources for victims of racism and other hate crimes,” said Adams. “The racism toward Black people has increased and our children are being targeted,” she continued.

“We, at the Oakland branch, created a declaration on racism that will amplify the needs of our community to combat racism,” continued Adams. “That declaration was adopted nationally.”

Bridging communities and collaborating is also a strategy for moving society toward justice, according to Adams.

“Through the NAACP, we build connections between communities and advocate for the rights of historically marginalized and oppressed individuals,” said Adams. “Collective action is the only way to advance civil rights and promote social equity.”

By taking stands on supporting former Oakland Police Chief LeRonne Armstrong to supporting the recall of a mayor faced with a scandal that brought negative national press to the city of Oakland, Adams has always demanded more for her people, and better for Oakland, the city she calls home.

She expressed pride in the national organization’s announcement of a $200 million fund designed to empower Black funders nationwide. “We all know the health of a community begins with economics,” said Adams.

Adams says that strengthening Black businesses automatically sustains a community. “We’ve also got to educate our community on opportunities and teach our children critical thinking so that they can provide the next generation of solutions for society,” said Adams.

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Activism

January Is Mental Wellness Month

Mental illness affects people differently. Children ages 6-17 are three times more likely to repeat a grade if they have mental, emotional, developmental, or behavioral problems. Those with severe mental illness have a life span of 10 to 25 years shorter than the general population. 64% of jail inmates have a mental illness compared to 21.6% of the general adult population.

Published

2 days ago

January 6, 2025

Oakland Post

iStock,

By Scott Knight

January is a time to recharge and recover from the holidays. It is also National Mental Wellness Month, which recognizes the importance of mental health and aims to reduce the stigma associated with mental illness.

According to the National Institutes of Health, 57.8 million adults lived with some form of mental illness in 2023. The severity varies from person to person. Understanding mental health statistics in the U.S. can raise awareness and garner support for those in need.

Anxiety disorders are the most common form of mental illness and women are more likely than men to experience depression. 17% of adolescents ages 12-17 experienced a major depressive episode. And 33.5% of adults with living with a mental illness also has a substance use disorder.

The Substance Abuse and Mental Health Services Administration (SAMHSA) collects data on substance use and mental health. Their 2023 National Survey on Drug Use and Health reported that multiracial people had the highest rate of mental illness at 36.7%, followed by Whites (24%), American Indian/Alaskan natives (23.5%), Hispanics (20.6%), Blacks (19.4%), and Asians (18.1%).

National Mental Wellness Month involves highlighting the resources available to equip individuals with the capacity to cope with life’s difficulties; have healthy relationships and take care of their mental well-being before issues arise.

Wellbeingtrust.org tells us that having a purpose in life offers many benefits, including being happier, living longer, sleeping better, and improved heart health. To find that purpose explore your interests, volunteer, consider what you love to do, talk to friends and family, and try new experiences.

The National Alliance on Mental Illness reports that 46% of people who die by suicide had a known mental illness.

The Jason Foundation is a valuable resource if you feel that a friend or loved one is struggling with a mental illness. JFI is dedicated to the awareness and prevention of suicide through educational programs that equip youth, parents, educators, and the community with the tools and resources to identify and assist those who may be struggling mentally.

Visit www.jasonfoundation.com to learn how to make a difference and find the closest Jason Foundation Affiliate Office.

About the Author

Scott Knight is the Education Specialist at the Jason Foundation.

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Activism

2024 in Review: 7 Questions for Former Assemblymember Chris Holden

While in office, Holden championed efforts to improve education outcomes for students and advocated for social and racial justice. Legislation he wrote or sponsored also focused on, innovation in transportation, protecting developmental disability service providers and improving public health, more broadly.

Published

2 days ago

January 6, 2025

Oakland Post

Hon. Chris Holden. File photo.

By Edward Henderson, California Black Media

In 2012, Assemblymember Chris Holden was first elected to the California State Assembly representing the 41^st District in the San Gabriel Valley.

He was re-elected to that position for the following four terms.

Holden, a graduate of San Diego State University, lives in Pasadena with his wife, Melanie, and children Nicholas, Alexander, Austin, Mariah and Noah. Holden is the son of former State Senator and LA City Councilmember Nate Holden.

Before he closed out his final year of service in the Assembly, California Black Media (CBM) spoke with Holden. He reflected on his accomplishments this year and his goals moving forward.

Looking back at 2024, what stands out to you as your most important achievement and why? 

A project I’ve been working on for well over 36 years — the light rail system — made its way into Pasadena from downtown LA. Now it’s making its way through the San Gabriel Valley to Pomona.

How did your leadership and investments contribute to improving the lives of Black Californians? 

Having an opportunity to represent a multi-ethnic and diverse district is exciting, but to be able to bring a voice for a lived African American experience from the San Gabriel Valley is very important.

What frustrated you the most over the last year?

I still am frustrated that we aren’t seeing the kind of progress on affordable housing to allow underrepresented communities to be able to afford to live in the community that they grew up in.

What inspired you the most over the last year?

There has been a lot of movement around reparations through community engagement. Dr. Shirley Weber put forth the bill to establish a reparations task force and that task force met for a number of years. Two members of our caucus served on it, Sen. Steven Bradford and Assemblymember Reggie Jones-Sawyer. A thousand-page report and a hundred recommendations or more came out of that. And now we’re in the process of finding ways to implement some of those recommendations. It’s going to be a longer process, but I’m hopeful because California, once again, is on the front end of taking on a really challenging issue.

What is one lesson you learned in 2024 that will inform your decision-making next year?

Always be mindful how quickly the winds can change. We’ve gone from 10 years of having budget surpluses to this year having a $45 billion deficit.

In one word, what is the biggest challenge Black Californians face?

Inequality.

What is the goal you want to achieve most in 2025?

Well, I won’t be in the legislature in 2025, but I love public policy. I’d like to find myself in a position where I’m continuing to have an influence on how public policy is shaped and formed. I’m just looking forward to being a vital voice going into next year in a different role. It will also be an opportunity to lay a foundation to take another run, possibly for a seat on the LA County Board of Supervisors in 2028.