Taunton Daily Gazette - Mass. Legislators Laud Supreme Court's Decision on Affordable Care Act Subsidies

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By Peter Urban

The U.S. Supreme Court on Thursday upheld a key section of the 2010 Affordable Care Act, preserving the late-Sen. Ted Kennedy's vision of health care as "a right and not a privilege" for all Americans.

In a 6-3 decision authored by Chief Justice John Roberts, the court held that Obamacare can provide income-based subsidies to Americans in 34 states that did not set up a state-run health exchange as Massachusetts did.

The decision marks the second time the Supreme Court has ruled in favor of preserving key aspects of the law that Republican lawmakers have fought to repeal since it was enacted in 2010. Within hours of the decision, President Barack Obama took to the Rose Garden to once again declare that the Affordable Care Act is working and is "here to stay."

"Today is a victory for hardworking Americans all across this country whose lives will continue to become more secure in a changing economy because of this law," he said.

Massachusetts lawmakers echoed that sentiment on Thursday as they urged Republicans colleagues to work for improvements to Obamacare rather than seek to undermine it.

"Today's ruling is the second time the Supreme Court has upheld the Affordable Care Act. This should send a clear message to Republicans that it is time for them to end their destructive crusade against the health law. As we celebrate today, we must continue to work together to strengthen the Affordable Care Act and reaffirm our commitment to ensuring that health care is a right for every American," said Rep. James McGovern, D-Worcester.

Sen. Edward Markey, D-Mass., said the ACA has withstood two Supreme Court tests and is "here to stay."

"With this ruling, now we can focus on providing health care, rather than litigating it," he said. "It is an integral part of our nation's fabric of laws, providing health care to millions of Americans, many for the first time.

Sen. Elizabeth Warren, D-Mass., said the ruling affirmed that the law was passed to provide every American access to affordable and comprehensive health insurance.

"Republicans can keep trying to deny millions of hardworking families access to health care, but as our experience in Massachusetts makes clear, health reform works and is here to stay," she said.

In addition to Roberts, Justices Anthony Kennedy, Ruth Bader Ginsburg, Sonia Sotomayor, Elena Kagan and Stephen Breyer voted to uphold the law. Justice Antonin Scalia wrote the dissent with Justices Clarence Thomas and Samuel Alito joining him. At issue, was whether wording in the law precluded tax credits for insurance purchased on federal exchanges since the formula referenced "an exchange established by the state."

Those challenging the law said the language is clear and that it meant to restrict the subsidies to state-run exchanges. Roberts said such an interpretation was "implausible." Scalia argued otherwise, saying Roberts had engaged in "interpretive jiggery-pokery" to justify defining "an exchange established by the state" to include federal exchanges.

"The Court has not come close to presenting the compelling contextual case necessary to justify departing from the ordinary meaning of the terms of the law," he said.

The Affordable Care Act was fashioned after the law in Massachusetts that saw the state's uninsured rate fall to 2.6 percent, the lowest in the nation. That law included insurance market regulations, a coverage mandate, and tax credits.

Kennedy, who had championed health care reform for decades, wrote Obama in May 2009 to express his appreciation for taking up the cause that he said was "the great unfinished business of our society."

"For me, this cause stretched across decades; it has been disappointed, but never finally defeated. It was the cause of my life. And in the past year, the prospect of victory sustained me-and the work of achieving it summoned my energy and determination," he wrote. "What we face is above all a moral issue; that at stake are not just the details of policy, but fundamental principles of social justice and the character of our country."

Rep. Joseph Kennedy III, D-Brookline, on Thursday noted the generational struggle and suggested that it continues even with the Supreme Court decision.

"Today the Supreme Court reaffirmed a simple idea this country has spent generations fighting for -- access to affordable health care is a right for all, not a privilege for the few," Kennedy said. "Tomorrow, the fight to expand access to care continues as we work to fully implement the Affordable Care Act, strengthen it even further, and bring coverage to the millions of Americans who remain out of this law's reach due to their state's refusal to expand Medicaid."

Rep. Niki Tsongas, D-Lowell, said she appreciated the decision reached Thursday that preserves the law and gives every family access to the same quality health care that her family has received.

"During my late husband Paul's long, courageous fight against cancer, our family received excellent care from dedicated professionals. I shudder to think what our experience might have been had our family been uninsured," she said. "Millions of hardworking Americans will never have to worry that their health insurance is in jeopardy thanks to today's Supreme Court ruling, which found that individuals can continue to receive subsidies to help them pay for their health insurance."

Rep. Stephen Lynch, D-South Boston, said the Court had settled the issue of tax credits but that did not mean Congress should do nothing more to improve health care.

"We must continue to work on a bipartisan basis to control costs, ensure access and maintain the quality of care for America's families," he said.

Rep. Katherine Clark, D-Melrose, said the decision should end Republican efforts to dismantle the law.
"We in the Commonwealth know that dependable healthcare builds strong families and a strong economy. Now is the time for Republicans to stop the destructive ideological attacks and help secure health care as a right for all Americans," she said.

Rep. Michael Capuano, D-Somerville, was more blunt.

"The Supreme Court has now upheld two important aspects of the Affordable Care Act in two separate decisions. Instead of wasting time on fruitless repeal attempts, I hope Republicans in Congress finally recognize the ACA is the law of the land," he said.

House Speaker John Boehner, R-Ohio, said the GOP would continue its effort against the health care law.

"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," Boehner said.

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