The NY Times reports today that the Supreme Court is in the midst of deciding on the constitutionality of the Governmental subsidy portion of the Affordable Care Act (ACA aka “Obamacare”). Secretary Burwell of HHS admits that neither HHS nor the White House itself has a contingency plan if the Court disqualifies this portion of the ACA.
Briefly explained, the challengers argue that the ACA only allows for subsidies on state-run exchanges, and that the regulation as implemented by the Internal Revenue Service (IRS), providing for subsidies on state-run exchanges as well as federal exchanges, exceeded the authority Congress granted to it. Republicans in both chambers have proposed a plan moving the subsidies to the state level where they believe it is constitutionally allowable. In their proposal other aspects of the ACA are addressed, eliminated, curbed and/or changed. Naturally Secretary Burwell and democratic federal legislators consider the GOP plan a “repeal” of the ACA.
The times reported that “after listening to Ms. Burwell for two hours on Wednesday [in her testimony to congress], Mr. Ryan [Paul Ryan chairman of the powerful House Ways and Means Committee] expressed frustration. Administration officials, he said, ‘refuse to entertain the notion that the health care law might be struck down,’ and they have not developed a backup plan.”
The debate continues with democratic leaders keeping their heads in the sand and “hoping” for the Court to rule in their favor.
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