June 29, 2015 | Commentary on Health Care, King v. Burwell, Health Care Reform, Obamacare

Counterpoint: Ruling doesn't change unworkable and unaffordable Obamacare

The Supreme Court’s ruling on Obamacare is a disappointment for the rule of law and for states that have fought to keep its flawed policies at bay.

While the administration and Obamacare supporters attempt to convince the American people that it is now smooth sailing for Obamacare, nothing could be further from the truth.

The law’s flawed foundation continues to make Obamacare unworkable, unaffordable and unpopular. As my colleague Ed Haislmaier skillfully points out, “The complexity and cascade of adverse effects are the inescapable byproducts of major flaws in the legislation’s basic design.” For instance, the complexity of the tax credits has resulted in almost two-thirds of those receiving subsidies having to repay some of their subsidy, according to H & R Block.

The majority of the Supreme Court chose to overlook the clear language of the statute. As Justice Antonin Scalia noted in his dissent it is “quite absurd” that Congress meant to allow subsidies in the exchange established by the federal government when it expressly limited those subsides to state-run exchanges. This flawed ruling allows the administration to continue making the law, rather than enforcing it.

Obamacare’s costly insurance regulations have made coverage more expensive. The Supreme Court’s decision only helps a few million people pay for coverage, leaving millions more facing higher health care costs.

Even now, double digit rate increases are being submitted for 2016. These trends fuel the mounting budgetary pressures facing the law, as my colleagues Robert Moffit and Pat Knudson have documented.

Given these realities, Obamacare remains unpopular. According to the Real Clear Politics average polls from May, 53 percent oppose the law while only 42.8 percent favor it.

The Supreme Court ruling does not fix Obamacare. The only fix to Obamacare is its repeal.

 - Nina Owcharenko is director of the Center for Health Policy Studies at the Heritage Foundation. A longer version of this commentary originally appeared in The Daily Signal.

About the Author

Nina Owcharenko Director, Center for Health Policy Studies and Preston A. Wells, Jr. Fellow
Center for Health Policy Studies

Originally appeared in Chicago Sun Times