Republicans are still trying to steal your health insurance – The Week
Sign Up for
Our free email newsletters
Republicans failed to repeal ObamaCare in 2017 by a single vote in the Senate. But they are still trying to drive a stake through its heart in secret using yet another tendentious legal Calvinball case to try to get the courts to strike it down as unconstitutional.
With a recent decision from the 5th Circuit Court of Appeals, there are some signs that it might actually happen. As the 2020 election campaign picks up, it's worth remembering that the Republican Party is dead set on taking millions of Americans' health insurance away, or failing that, making it as expensive and terrible as possible, by any means they can dream up.
First, the legal background. The suit is Texas vs. United States, filed by a number of right-wing state attorneys general. It is very obviously a backfilled pretext trying to get through judicial activism what the Republican Congress could not pass. Here's how the logic goes. Back in 2012, the Supreme Court ruled that ObamaCare could stand in part by reinterpreting its individual mandate to buy insurance as a tax. Then, in 2017, Congress passed a tax cut for the rich that also got rid of the individual mandate tax leaving a legal requirement with no teeth.
So the suit argues the mandate must be struck down since you can't have a tax that collects no money and because, when Congress was designing ObamaCare, most agreed that the individual mandate was a key part of the law, the whole thing needs to go. (The Trump administration has also refused to defend the law.)
As Slate's Dahlia Lithwick and Mark Joseph Stern explain, on the legal merits this argument is absolutely preposterous. The suit argues that Congress repealed ObamaCare in secret with the 2017 tax bill despite voting against an explicit repeal that very same year. And when Congress was designing the ACA, they included the individual mandate because all the liberal wonks agreed you needed one to stave off the dreaded cost death spiral within the ObamaCare exchanges. The Supreme Court has previously held that a law can stand with an unconstitutional portion removed so long as it is "fully operative" without it and not only does it turn out that you don't actually need the individual mandate to keep the exchanges functioning, there are tons of parts of ObamaCare that have nothing to do with the mandate or exchanges at all, like the Medicaid expansion or allowing children to stay on their parents' insurance until age 26.
Like the Halbig v. Burwell case from years ago, this is a "Monty Python-esque exercise in extreme tendentiousness" from bug-eyed Federalist Society crackpots. If it weren't this it would be something else, like maybe arguing ObamaCare is unconstitutional because it enslaves doctors, thus violating the 13th Amendment. The only problem would be the legal team huffing just enough paint thinner so that they could make the argument with a straight face before the bench.
And yet, the notoriously reactionary 5th Circuit basically accepted this argument in a ruling from earlier this month. They ruled that the mandate is unconstitutional, but remanded the question of whether the whole law should therefore be thrown out back to the lower court. There very likely won't be a final decision before the 2020 election which is almost certainly a political move. The partisan Republican hacks President Trump has been stuffing onto the federal bench obviously don't want to blow up his chances of reelection. If millions of people are going to lose their insurance via conservative judicial rule-by-decree, best not to do it during an election year when your party is the presidential incumbent.
But make no mistake, ObamaCare is still very much on the ballot in 2020. If Trump wins reelection, he will very likely be able to replace Ruth Bader Ginsberg on the Supreme Court, and that will almost certainly spell doom for the law (with this lawsuit or another one). If that happens, something like 20 million people will lose their insurance immediately as Medicaid is drastically rolled back, the exchanges are shut down, and anybody between 18 and 25 who is still on their parents' coverage is kicked off. Protections for people with preexisting conditions would be removed, and private insurers could once again place annual and lifetime coverage limits on their policies.
The slow-motion collapse of the private health insurance system would accelerate as well, as cost-control policies designed to slow the cancerous cost bloat that is eating the American economy from the inside would be deleted. More broadly, there would be spectacular chaos within the health care system, which was totally overhauled to accommodate ObamaCare changes and this time there will be no guiding hand from Congress.
So while there is a never-ending parade of war crimes, corruption, and general insanity from the Trump regime to distract us, let's not forget that Republicans are also gunning for your health insurance. If they can't take it away, by God they'll make it as crummy and expensive as possible.
See more here:
Republicans are still trying to steal your health insurance - The Week
- Opinion | Why the Republican-union alliance never works - The Washington Post - April 21st, 2026 [April 21st, 2026]
- Rep. Nancy Mace introduces measure to expel fellow Republican Cory Mills from Congress - NBC News - April 21st, 2026 [April 21st, 2026]
- Johnsons lead grows in new poll on race for Republican governor nomination - South Dakota Searchlight - April 21st, 2026 [April 21st, 2026]
- NC Republican legislators have veto overrides on immigration, guns, DEI in their sights - NC Newsline - April 21st, 2026 [April 21st, 2026]
- Republican lawmakers introduce bills to put Big Oil above the law - Center for Climate Integrity - April 21st, 2026 [April 21st, 2026]
- Crowded Republican field fights to take on Ohio's veteran congresswoman - Courthouse News - April 21st, 2026 [April 21st, 2026]
- Scaramucci: Trump Is Trying To Sink Vance Because 'Trump Wants To Be the Last Republican President' - Yahoo Finance - April 21st, 2026 [April 21st, 2026]
- LEADER JEFFRIES: "DONALD TRUMP AND REPUBLICAN CONTROL OF CONGRESS HAS BEEN A COMPLETE AND TOTAL DISASTER" - Democratic Leader Hakeem... - April 21st, 2026 [April 21st, 2026]
- Rep. White: Republican Budget Chooses Wealthy Ohioans Over Working Ohioans for Tax Relief, Awarding Stadium Subsidies Over Ohio Families - Ohio House... - April 21st, 2026 [April 21st, 2026]
- Im a lifelong Republican. This is not what we voted for | Opinion - Sun Sentinel - April 21st, 2026 [April 21st, 2026]
- Rep. John James delivers his petitions to appear on Republican August primary ballot for Michigan governor - Michigan Public - April 21st, 2026 [April 21st, 2026]
- Election Live: Morning vote trends point to strong Republican turnout, but is it Republican enough for "no" to win? - Cardinal News - April 21st, 2026 [April 21st, 2026]
- Nancy Mace Introduces Resolution to Expel Her Republican Colleague Cory Mills - NOTUS News of the United States - April 21st, 2026 [April 21st, 2026]
- Democrats Are Ready to Reclaim Georgia. Is a Former Republican the Man for the Job? - The Free Press - April 21st, 2026 [April 21st, 2026]
- Indiana primary will test Trumps control over Republican Party after redistricting defiance - WNDU - April 21st, 2026 [April 21st, 2026]
- Johnsons lead grows in new poll on race for Republican governor nomination - News From The States - April 21st, 2026 [April 21st, 2026]
- Ascension Republican Women host candidate forum ahead of May 16 primary - The Advocate - April 21st, 2026 [April 21st, 2026]
- Republican Tony Gonzales to step down from Congress amid expulsion threat - The Guardian - April 14th, 2026 [April 14th, 2026]
- Republican state representatives demand that Colorados budget bill be read aloud cost taxpayers upwards of $10K - The Colorado Sun - April 14th, 2026 [April 14th, 2026]
- Republican Rep. Tony Gonzales of Texas says he will retire after admitting to affair with staffer - PBS - April 14th, 2026 [April 14th, 2026]
- Republican Rep. Tony Gonzales of Texas resigns after bipartisan calls for expulsion, admitting to sexual misconduct - ABC7 Los Angeles - April 14th, 2026 [April 14th, 2026]
- Republican Party of New Mexico headquarters vandalized again - KOB.com - April 14th, 2026 [April 14th, 2026]
- Bill Limiting ICE Expected To Pass CT Senate Over Republican Opposition - CT News Junkie - April 14th, 2026 [April 14th, 2026]
- Why onetime MA Sen. Scott Brown thinks he's the Republican to flip New Hampshire's open Senate seat - CNN - April 14th, 2026 [April 14th, 2026]
- Penguin Random House Urges U.S. Congress to Reject Republican Book Banning Bill - Publishing Perspectives - April 14th, 2026 [April 14th, 2026]
- Republican Rep. Tony Gonzales of Texas says he will retire after bipartisan calls for expulsion - El Paso Inc. - April 14th, 2026 [April 14th, 2026]
- Megadonor dumps in $3M to help Maine Republican in crowded primary - Bangor Daily News - April 14th, 2026 [April 14th, 2026]
- New First District Republican congressional district open this year - The Troy Messenger - April 14th, 2026 [April 14th, 2026]
- SNAP Tracker: People Are Losing Food Assistance as the Republican Megabill Is Implemented - Center on Budget and Policy Priorities - April 8th, 2026 [April 8th, 2026]
- Republican wins Marjorie Taylor Greene seat but by tighter margin - The Washington Post - April 8th, 2026 [April 8th, 2026]
- Top NC House Republican says teacher pay top priority as lawmakers return to Raleigh - NC Newsline - April 8th, 2026 [April 8th, 2026]
- Texas Republican congressman slams Donald Trump's threat to wipe out of Iran - San Antonio Express-News - April 8th, 2026 [April 8th, 2026]
- 2 Republican election officials say Trumps mail-in voting order will be overturned - Politico - April 8th, 2026 [April 8th, 2026]
- Republican Clay Fuller elected to fill Marjorie Taylor Greenes unexpired House term - WCTV - April 8th, 2026 [April 8th, 2026]
- Governor Morrisey says hell be endorsing legislative candidates in Republican primary - WV MetroNews - April 8th, 2026 [April 8th, 2026]
- Republican PAC to spend $79 million supporting Ohio Sen. Jon Husted against Sherrod Brown - 10TV - April 8th, 2026 [April 8th, 2026]
- Breaking News: Clay Fuller, a Trump-backed Republican, won the House race in Georgia to replace former Rep. Marjorie Taylor Greene. Read more:... - April 8th, 2026 [April 8th, 2026]
- Republican Clay Fuller wins election to U.S. House in Georgias 14th Congressional District - WTOP - April 8th, 2026 [April 8th, 2026]
- Trump-endorsed Republican Clay Fuller won a special election runoff to fill fellow Republican Marjorie Taylor Greenes former U.S. House seat, widening... - April 8th, 2026 [April 8th, 2026]
- Democrats Triumph in City Where Republican Party Was Founded - Newsweek - April 8th, 2026 [April 8th, 2026]
- Texas Republican Brad Baileys evolution on immigration - The Texas Tribune - April 8th, 2026 [April 8th, 2026]
- Several Republican candidates to converge on Pine Level this weekend - WAKA 8 - April 8th, 2026 [April 8th, 2026]
- Once a foe, Lindsey Graham is now Trumps biggest Iran war booster: The most pro-war Republican out there - The Guardian - March 30th, 2026 [March 30th, 2026]
- Beth Fukumoto: Elle Cochran's Misguided Switch To The Republican Party - Honolulu Civil Beat - March 30th, 2026 [March 30th, 2026]
- "I don't know that I'm a Republican anymore." Farmer Tim OHarrow realizes that being a farmer and a Republican dont always go hand in hand.... - March 30th, 2026 [March 30th, 2026]
- Opinion: What happened to the Republican Party of Ronald Reagan? - The Asheville Citizen Times - March 30th, 2026 [March 30th, 2026]
- Horsford Marks 16 Years of the Affordable Care Act, Warns of Republican Healthcare Crisis Hitting Nevada Families - Congressman Steven Horsford |... - March 30th, 2026 [March 30th, 2026]
- Will Bobby Charles lead in the Republican primary for governor last? - The Portland Press Herald - March 30th, 2026 [March 30th, 2026]
- 2028 is the Republican Partys second chance - The Hill - March 30th, 2026 [March 30th, 2026]
- How the Republican Party Forgot It Was Conservative - The American Prospect - March 28th, 2026 [March 28th, 2026]
- Rep. Sam Graves, a Senior House Republican, Will Retire as Midterm Exodus Grows - The New York Times - March 28th, 2026 [March 28th, 2026]
- Port: The real reason why Republican candidates are skipping the NDGOP convention this weekend - InForum - March 28th, 2026 [March 28th, 2026]
- Larson Blasts Republican Refusal to Re-Open TSA and Coast Guard, and Rein in ICE Lawlessness - Congressman John Larson (.gov) - March 28th, 2026 [March 28th, 2026]
- New poll of Republican voters in TN shows frontrunner to replace Gov. Bill Lee, support for school choice - WSMV - March 28th, 2026 [March 28th, 2026]
- One Republican Farmer in Wisconsin Is Bitter Over Trumps Deportations - The New York Times - March 28th, 2026 [March 28th, 2026]
- Commentary: Yes, a Republican could be California's next governor. And a recall would begin immediately - Los Angeles Times - March 28th, 2026 [March 28th, 2026]
- Fact-Checking the Debate Over the SAVE Act, the Republican Voting Bill - The New York Times - March 28th, 2026 [March 28th, 2026]
- Texas Republican not opposed to war in Iran; Wont say if he supports boots on the ground - WFAA - March 28th, 2026 [March 28th, 2026]
- Rep. Warren Davidson: A rare Republican willing to openly disagree with President Trump - Spectrum News - March 28th, 2026 [March 28th, 2026]
- Another House Republican Deals Fresh Blow to Trump - The Daily Beast - March 28th, 2026 [March 28th, 2026]
- Republican asks CPAC about impeachment hearings - and receives an unexpected response - Indy100 - March 28th, 2026 [March 28th, 2026]
- White House hopeful fears a more damaging Republican than Trump may emerge in 2028 - NJ.com - March 28th, 2026 [March 28th, 2026]
- Republican states rush to ban abortion pills as surveys suggest they're spiking in pro-life states - Fortune - March 24th, 2026 [March 24th, 2026]
- Colorado state Republican Party struggling with leadership and organization - Colorado Public Radio - March 24th, 2026 [March 24th, 2026]
- The Republican Identity Crisis Over the Iran War - The New York Times - March 24th, 2026 [March 24th, 2026]
- A visit from a prospective Republican candidate in the June primary for Governor will be a part of this evenings Ellsworth city council meeting. -... - March 24th, 2026 [March 24th, 2026]
- Utah GOP rule aimed at party switchers may knock a convention-only Republican off the ballot - Utah Political Watch - March 24th, 2026 [March 24th, 2026]
- Republican says he lied about racist posts on porn site to protect Trump - The Guardian - March 22nd, 2026 [March 22nd, 2026]
- 'Im super-Republican, but you got my vote': The Democratic deer hunter setting his sights on flipping Iowa - Politico - March 22nd, 2026 [March 22nd, 2026]
- Sky News Australia. . Republican strategist Ron Nehring claims it is no big surprise that there is a political polarisation in the US amid US... - March 22nd, 2026 [March 22nd, 2026]
- Tom Kean Jr.'s political roots date to 1776. Is that enough to protect the Republican's House seat? - AP News - March 22nd, 2026 [March 22nd, 2026]
- Who Will Lead The Republican Party in 2028? - Katie Couric Media - March 22nd, 2026 [March 22nd, 2026]
- Sky News Australia. . Republican strategist Ron Nehring does not think the US midterms will be affected by the war in Iran. - Facebook - March 22nd, 2026 [March 22nd, 2026]
- Arkansas Democrats delivered the Republican governor a win. Why? - Arkansas Times - March 22nd, 2026 [March 22nd, 2026]
- Excited to be in Yakima today to sign bills from Republican legislators 2nd year running with a bill signing in Eastern Washington. - Facebook - March 22nd, 2026 [March 22nd, 2026]
- Sky News Australia. . Republican strategist Ron Nehring thinks there has been a necessary shift from the Trump administration since the Middle East... - March 22nd, 2026 [March 22nd, 2026]
- Republican in Congress resist calls for Iran war hearings, creating a new standoff with Democrats - PBS - March 22nd, 2026 [March 22nd, 2026]
- Opinion. How did we go from Lincoln to Trump in the Republican Party? - Chillicothe Gazette - March 22nd, 2026 [March 22nd, 2026]
- California Could Elect a Republican Governor Thanks to the Jungle Primary - The New York Times - March 22nd, 2026 [March 22nd, 2026]
- Pence: Trump upended some aspects of GOP agenda but hasnt really changed the Republican Party - 930 WFMD Free Talk - March 22nd, 2026 [March 22nd, 2026]