The Supreme Court will rule as early as June on a Republican lawsuit seeking to revoke subsidies provided by the Affordable Care Act to cover the cost of health-insurance premiums for low-income workers. If the court rules in the Republicans’ favor in King v. Burwell, more than 7 million Americans will be forced to cancel private health insurance coverage paid for, in part or in whole, with government subsidies.
SEN. RON JOHNSON: [Pres. Obama will] have the ads all racked up with the individuals that have benefited from Obamacare on the backs of the American taxpayer. He’ll have all those examples as well so…
RADIO HOST JAY WEBER: And the sad sack stories about who’s dying from what and why they can’t get their coverage.
JOHNSON: Right.
The suit is based on a line of poorly constructed language in the ACA that suggests subsidies are only available from state-run insurance exchanges. The problem is that in 2010 — as a partisan gambit to hobble the Obamacare rollout — about 30 governors, mostly Republicans, opted not to stand up state exchanges thereby forcing their constituents to purchase insurance from federal exchanges. Because their subsidies do not come from state exchanges, it’s these low-income, mostly red-state workers, who will lose their insurance if Republicans prevail in King v. Burwell.
A few Republicans in Congress seem to be waking up to the fact that they could face unintended consequences if the Supreme Court rules in their favor. Sen. Ron Johnson, a tea partyist from Wisconsin who is up for reelection next year, may have spoken for many of his co-ideologues during an interview with right-wing radio host Jay Weber in Milwaukee last week:
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