Court complicates Trump’s threat to cut ‘Obamacare’ funds
The procedural decision late Tuesday by a federal appeals panel in
Trump has been threatening to do just that for months, and he amped up his warnings after the
The court's decision is "a check on the ability of the president to sabotage the Affordable Care Act in one very important way," said
Because of the ruling, legal experts said, states can now sue if the administration cuts off the subsidies. Also, they said, the president won't be able to claim he's merely following the will of a lower court that found
"We're not going to wait to find out what
The
Trump has made his feelings clear on Twitter. "If ObamaCare is hurting people, & it is, why shouldn't it hurt the insurance companies," he tweeted early Monday.
He elaborated in an earlier tweet, "If a new HealthCare Bill is not approved quickly, BAILOUTS for Insurance Companies...will end very soon!"
In a twist, the appeals court panel seemed to take such statements into account in granting 17 states and the
The judges' decision said states' doubts that the administration could adequately defend their interests in court were fanned by "accumulating public statements by high-level officials...about a potential change in position."
"He's really a terrible client,
The health law requires insurers to help low-income consumers with their copays and deductibles. Nearly 3 in 5 HealthCare.gov customers qualify for the assistance, which can reduce a deductible of
The law also specifies that the government shall reimburse insurers for the cost-sharing assistance that they provide.
Nonetheless, the payments remain under a cloud because of a disagreement over whether they were properly approved in the health law, by providing a congressional "appropriation."
A district court judge agreed with
If Trump makes good on his threat, experts estimate that premiums for a standard "silver" plan would increase by about 19 percent. And more insurers might decide to leave already shaky markets.
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