It pains me to say (since I’m a supporter of ObamaCare) but it looks like opponents of the law are going to get a lot of what they want.
In the final day of arguments before the U.S. Supreme Court over the law’s constitutionality, enough justices seemed (to me at least) to be sympathetic to the idea that the entire law should be scrapped–or at least to the notion that if the insurance mandate is deemed unconstitutional (likely based on Tuesday’s arguments), then other key components of the law don’t work. That would include guaranteed issue and community rating–the heart of the law–but it also could include other parts as well.
The court also heard arguments over the Medicaid expansion. That went better for ObamaCare supporters, but still left me feeling nervous. The debate here is whether the Medicaid expansion is structured such that states have no choice but to take it or risk losing existing Medicaid funding–which could be deemed unfair.
The whole three days of arguments left me with a sinking feeling. Let’s face it. Conservatives stole the show. Just getting this far is a huge victory for them. I’m not saying they are right. I’m saying I think they’re going to win and that makes me sad.