Member-only story
ASK NOT FOR WHOM THE SCOTUS DECISION TOLLS –
Do not be so quick to cheer the SCOTUS decision supposedly “upholding” Obamacare. The death-bell does not just toll for Texas — it tolls for thee.
The headline for the U.S. Supreme Court decision of California v. Texas (6/17/2021) was “Obamacare Upheld Again.” That was not true. The Court did NOT uphold “Obamacare.” It never reached the issues raised against that Act. Instead, it threw out the case because the plaintiffs did not have “standing.” Isn’t the result the same? No, it’s not. Because it was thrown out based on standing, someone else with proper standing can still bring suit to challenge the law (or similar laws in the future) on the same grounds. More ominously, the ruling continues a trend by the Court towards stricter and stricter standing, especially on human rights issues, as opposed to property rights.
“Standing” is the door to the court. If you don’t have standing, you can’t even get in the courtroom door, no matter how compelling your case is.
While you may cheer slamming the door on this frivolous lawsuit to throw out the Patient Protection and Affordable Care Act (aka “PPACA” or “Obamacare”), this decision…
