Bloomberg Businessweek - USA (2020-11-16)

P O L I T I C S

5

44

Edited by

Amanda Kolson Hurley

and Rodney Jefferson

○ Obamacare’sfate—hingingon

“severability”—isanimatingthe

struggle for theSenate

Bloomberg Businessweek November 16, 2020

As the Supreme Court heardargumentsonNov.10,

it appeared poised to upholdthebulkofObamacare.

But that’s not likely to maketheissueanylesspolit-

ically potent as the pandemicclaimsmorelives

and control of the U.S. Senatehangsinthebalance.

The mere chance thecourtmightinvalidatethe

Affordable Care Act is enoughforDemocratstowarn

that 20 million people couldlosetheirhealthinsur-

ance and 135 million couldlosethelaw’sprotections

for people with preexistingconditions,including

those who have contractedCovid-19.Hoursafter

the Trump administrationarguedincourtforstrik-

ing down the law, President-electJoeBidenvowed

to defend it. “We will notabandonyou.Thatis a

promise,” he said.

The fate of the AffordableCareActis likelyto

become a central issueintheJan.5 runoffsfor

Georgia’s two Senate seats,whichofferDemocrats

their last hope of wrestingtheupperchamber

from Republicans. Adivided Congresswould

leave Biden without a waytooverridea rulingthat

invali-

datedthe

law.The

Supreme

Court is

likelyto issue

its decision

byJune.

“If Biden had

wonthepresidency

and Democratshad

takentheSenate,there

wasa goodchancethat

Democratswouldadopt

a fixtoputtheAffordable

CareActbackonitsfeet,”says

Nicholas Bagley,a health-law

expertwhoteachesattheUniversity

ofMichiganLawSchool.“Butthat

kindoffixisreallyoffthetableif

RepublicanscontroltheSenate.”

TheTrumpadministrationjoins

Republican-led statesinchallenging

theACA,whichtheGOPhasbeentryingto

nullifysinceit wasenactedin2010.They’re

bankingonthecourt’s6-3conservativemajor-

ity,includingnewJusticeAmyConeyBarrett