//  11/16/17  //  Commentary

“The tradeoff here is both simple and brutal. Republicans want to pay for a permanent corporate tax by taking insurance from millions of people. Is that who we are as a nation?”

That’s the conclusion of my latest op-ed in the Washington Post. Here’s the beginning.

To finesse the tricky politics and brutal math of tax reform, Senate Republicans now say that they want to repeal the Affordable Care Act’s individual mandate. For Republicans, repeal would be a trifecta: a blow to Obamacare, a money-saver for the federal government and a way to finance a permanent cut to the corporate tax rate.

Republicans are right about all of this. What they haven’t highlighted, however, are the tradeoffs: the estimated 13 million people who will lose insurance if the mandate is repealed. Is the country really better off if millions of people forgo medical care, and millions more go bankrupt, so that corporations can pay lower taxes? That’s not a rhetorical question. Those are the stakes of the game.

It’s actually worse than my op-ed suggests. In a smart post, Bob Laszewski explains why eliminating the mandate while loosening the restrictions on short-term plans “would be devastating for those in the unsubsidized middle class who would not be able to afford coverage once they got sick.”

Read the whole op-ed here!

@nicholas_bagley


The Affordable Care Act Does Not Have An Inseverability Clause

11/5/20  //  In-Depth Analysis

Contrary to challengers’ claim, Congress nowhere directed the Supreme Court to strike down the entire ACA if the individual mandate is invalidated. Congress knows how to write an inseverability directive, and didn’t do it here. That, combined with Congress’s clear actions leaving the ACA intact and the settled, strong presumption in favor of severability, make this an easy case for a Court that is proud of its textualism.

Abbe R. Gluck

Yale Law School

Sovereignty In A Public Health Crisis

5/4/20  //  Commentary

Don Herzog explains why sovereignty talk is useless to resolving public health issues -- and basically everything else too.

Take Care

Why HHS Can't Keep Cutting Corners As It Attempts To Undo Non-Discrimination Protections

3/30/20  //  In-Depth Analysis

HHS has recently tried to essentially repeal an important rule that prevents the Department from discriminating across its many programs. But, as contributor Harper Jean Tobin explains, its rule making is both substantively and procedurally illegal.

Harper Jean Tobin

National Center for Transgender Equality