Obamacare in danger again

Last night’s gleeful ruling from Judge Reed O’Connor of the Federal District Court in Fort Worth, according to Ezra Klein, presents Democrats with, to use that most baleful of modern jargon, an opportunity. “But with Obamacare under constant threat, Republicans have refocused Democrats on building what they failed to build in 2010: a universal health care system simple enough and popular enough that it is safe from constant political and legal assault,” Klein writes. “And that means some version of Medicare-for-all.” His conclusion:

Imagine a world where Judge O’Connor’s ruling is upheld. In that world, a Republican judge cuts tens of millions of people off health insurance mere weeks after Republicans lost a midterm election for merely trying to cut those people off health insurance. The aftermath of that would be a political massacre for the GOP, and a straightforward mandate for Democrats to rebuild the health system along the lines they prefer.

It’s true that states like Virginia that have expanded Medicaid coverage have seen declining enrollment in the ACA. Yet Klein’s arguments are too clever by half. It’s not 2010, Joe Lieberman is gone, therefore Medicare For All isn’t anathema in polite circles. But on what grounds does Klein assume (a) the Joe Manchins in the Senate will embrace Medicare For All (b) the consequences of stripping insurance from millions of people will sober up Republicans because they didn’t want so drastic a decision from the Texas court — a decision, I should note, silly on its face? Congress repealed the individual mandate in 2017; what was left to overrule unless the judge wanted to revel in the “judicial activism” that conservatives have accused liberal judges of?

I gave up accusing the GOP of hypocrisy years ago, and I trust Ruth Bader Ginsberg and Stephen Breyer will still live by the time the Supreme Court grants cert to the appeal.

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