Supreme Court Rules to Keep Obamacare, Again

In a somewhat surprisingly lopsided ruling, the Supreme Court ruled 7-2 states did not have standing to take up the lawsuit they filed. Most coverage reverted to lazy political narratives.

Summary

The U.S. Supreme Court ruled in favor of keeping Obamacare in place in a 7-2 ruling that said the states who brought the lawsuit, led by Texas, did not have standing and that they failed to provide strong enough evidence “the law harmed them.”

• Many prognosticators are using the ruling as an opportunity to declare the Affordable Care Act is here to stay, with The Hill characterizing the ruling as “the last gasp of repeal efforts.” 
• The “GOP reaction” continued to be the story, as the Associated Press wrote about the need for Republican politicians to find a new bogeyman, that the “Medicare for All” slogan will replace “Obamacare” in campaign efforts. 
• Axios notes the legal and legislative challenges to the Affordable Care Act have been “a little less potent than the one before.” 
• Politico detailed the divisions within the Democratic Party on the future of Obamacare and the direction healthcare policy should move, while also noting some internal conservative squabbles on the Supreme Court as evidenced in the Obamacare ruling and the Fulton ruling, released the same day.

• The New York Times, like so many outlets left, right, and middle, focused on the political ramifications and noted Republican efforts to overturn the Affordable Care Act has “left them divided, bruised, and on the wrong side of public opinion.” 
• The Washington Post also enjoyed reveling in the Republicans’ defeat, saying it signaled a death knell in GOP efforts while it could be used as a “springboard” by Democrats to “build on” the law. 
• With the Supreme Court’s ruling, Vox declared it a “durable part of the American social safety net” but that the law that was supposed to solve health care in America has flaws that must be fixed.

• National Review’s Dan McLaughlin criticized the court for its ruling, arguing that the states did in fact have standing to sue, should have struck down the individual mandate, but leave the rest of the law intact. 
• Newsmax reported on the indecorous victory lap the White House took after the ruling, with White House Chief of Staff Ron Klain tweeting “It’s still a BFD”, referring to then-Vice President Biden’s comment to President Obama saying “this is a big f-ing deal” within range of microphones at the 2010 signing ceremony for Obamacare. 
• The Daily Caller focused on the reaction from Rhode Island Sen. Sheldon Whitehouse, who proudly argued his threats and bullying of then-Supreme Court appointee Amy Coney Barrett on the danger she poses to Obamacare is exactly what led to the lopsided 7-2 decision.

Author’s Take

Sen. Whitehouse should be ashamed of himself and all those who attacked Barrett, Kavanaugh, and Gorsuch as evil reprobates intent on gleefully taking away health insurance coverage owe the American people, and the Court, an apology.

With most of the coverage, it focused on the political ramifications: how does the GOP react, did the Democrats really win, etc. While this may be an important part of the story, it also highlighted the lazy narratives too many journalists rely on in their reporting, and the elation they elicit in any loss for conservatives.

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© Dallas Gerber, 2021