Biden Defends Obamacare as Supreme Court Set To Rule On Constitutionality

By Staff, Agencies

US President-elect Joe Biden - who, barring an astonishing legal turnaround will be inaugurated as America's 46th president on January 20, will find himself defending Tuesday, the Obama administration's signature health law.

"He will deliver a speech on the Affordable Care Act [ACA] on...the same day the [United States Supreme Court] will hear arguments on its merits," reported the Associated Press.

"It ruled eight years ago to leave essential components of the law known as Obamacare intact, but is now controlled 6-3 by a conservative majority after [US] President Donald Trump's appointment of Justice Amy Coney Barrett."

The US Supreme Court upheld certain provisions, despite the fact that 26 states challenged its constitutionality in lower courts. "The Supreme Court’s 5-4 decision determined the constitutionality of two key substantive provisions in the ACA: the individual mandate and a requirement that states expand eligibility criteria for Medicaid coverage," according to the American Medical Association Journal of Ethics.

Texas, America's largest conservative state [although much of it is increasingly becoming purple] brought the current suit challenging the health care law, which Trump and top Republicans also back.

It argues on the grounds of Congress overreach with regard to its commerce clause powers and asks the Supreme Court to "declare the law's mandate to buy health insurance unconstitutional because Congress had previously repealed the penalties for noncompliance."

In other words, it seemed to be punishing people for choosing not to participate in a particular market.

Biden is determined to follow Obama's direction and build on the Affordable Care Act, while championing a "public option" that would supposedly allow more people to opt into government-sponsored health insurance.

Conservative critics of the public option suggest that is a back door through which to destroy private health insurance.

Even if the Supreme Court upholds ACA, Biden will find it difficult to enact much of his agenda if the Democrats cannot wrest back control of the Senate, which hinges on two runoff races in Georgia, to be held in January.