Health

Supreme Court’s New Health Law Case Cuts Both Ways

Published

11 years ago

February 5, 2015

In this March 28, 2012 file photo, supporters of health care reform rally in front of the Supreme Court in Washington on the final day of arguments regarding the health care law signed by President Barack Obama. Nearly five years after Obama signed his health care overhaul into law, the Supreme Court will again get to decide its fate. (AP Photo/Charles Dharapak, File)

RICARDO ALONSO-ZALDIVAR, Associated Press

WASHINGTON (AP) — The Supreme Court is taking another look at President Barack Obama’s health care law, and this time it’s not just the White House that should be worried.

Republican lawmakers and governors, too, will feel the backlash if the court invalidates insurance subsidies worth billions of dollars to people in more than 30 states.

Obama’s law offers subsidized private insurance to people who don’t have access to it on the job. Without financial assistance with their premiums, millions of those consumers would drop coverage.

Disruptions in the affected states wouldn’t end there. If droves of healthy people bail out of HealthCare.gov, residents buying individual policies outside the government market could be next. Self-pay customers would face a jump in premiums because they’re in the same insurance pool as the subsidized ones.

Health insurers spent millions to defeat the law as it was being debated. But the industry told the court last month that the subsidies are a key to making the overhaul work. Withdrawing them would “make the situation worse than it was before” Congress passed the Affordable Care Act.

The debate over “Obamacare” was messy enough when just politics and ideology were involved. It gets really dicey with the well-being of millions of people in the balance.

“It is not simply a function of law or ideology; there are practical impacts on high numbers of people,” said Republican Mike Leavitt, a former federal health secretary now heading a health care consulting firm.

The legal issues involve the leeway federal agencies have in applying complex legislation. Opponents argue that the precise wording of the law only allows subsidies in states that set up their own insurance markets, or exchanges. That would leave out most beneficiaries, who live in states where the federal government runs the exchanges. The administration and the law’s Democratic authors say Congress clearly intended to provide subsidies in every state.

While predicting a victory, the White House has not prepared consumers for the consequences of a reversal. Health and Human Services Secretary Sylvia M. Burwell repeatedly said that “nothing has changed,” even as other supporters of the law grew alarmed when the Supreme Court unexpectedly took the case.

At a Senate hearing Wednesday, Burwell refused to get into ‘what-if’ scenarios, telling Republican lawmakers she is completely focused on the current sign-up season.

With oral arguments set for March 4 and a decision expected early in the summer, here’s what’s at stake:

RED STATES IN THE PATH

Insurance losses would be concentrated in Republican-led states, which have resisted “Obamacare.”

Florida, Texas, North Carolina, Georgia, Michigan, and New Jersey are among those with the most to lose. Residents of blue states that are running their own markets would continue to receive benefits.

Because the health law’s 2015 sign-up season is still under way, it’s unclear how many millions of people could become uninsured. Two independent studies estimate around 8 million.

Not all the 37 states where the federal government is currently running insurance markets would be affected equally. Some have made progress setting up their own exchanges.

TIME TO SCRAMBLE

If the Supreme Court rules in late June, that would leave about three months until the start of the next sign-up season for coverage.

If the ruling goes against the subsidies, it’s unclear whether the courts can delay the effects for more than a few weeks, and most state legislatures are not in session during the summer.

There’s speculation that the White House could quickly roll out an administrative fix, but Obama could also toss the whole mess into the lap of the GOP-led Congress.

Technically, a tweak from Congress could fix the problem. But after repeated votes to repeal “Obamacare,” would any Republicans be willing to facilitate its rescue?

“We don’t see fixes the administration can make, and we don’t see Congress acting to fix this,” said Neera Tanden, president of the Center for American Progress, a public-policy center aligned with the White House.

REPUBLICAN vs. REPUBLICAN?

Faced with constituents at risk of losing coverage, some congressional Republicans may be willing to fix the subsidies in exchange for concessions from Obama on a long hit list of health law provisions they object to.

But other Republicans will not want to lift a finger.

“The president will say, ‘With one line of legislation, you could save 5 million people from losing their health insurance,’ and the Republicans need to have a unified response,” said Leavitt, the former HHS secretary. “If they don’t, then it creates a problem for them.”

Despite several proposals in the five years since Obama’s overhaul passed, Republicans have not coalesced around an alternative and remain hard-pressed to do so.

To complicate matters, congressional action restoring some or all of the subsidies would have to be paid for with spending cuts or tax increases.

The last time the Supreme Court ruled on the health care law, the result was a 5-4 decision upholding its central requirement that virtually all Americans must carry health insurance. This time, it won’t just be political junkies holding their breath before the announcement, but many consumers as well.

___

The case is King v. Burwell, docket No. 14-114.

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Activism

Rep. Kamlager-Dove Introduces Bill to Protect Women in Custody After Reports Detailing Miscarriages and Neglect

The Pregnant Women in Custody Act would expand safeguards beyond the federal prison system to include women detained by U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection and the Office of Refugee Resettlement. The proposal follows reports of pregnant women being shackled, denied medical care and suffering miscarriages while in immigration detention.

Published

4 days ago

May 17, 2026

Oakland Post

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By Bo Tefu, California Black Media

Congresswoman Sydney Kamlager-Dove (D-CA-37) on May 7, reintroduced updated legislation aimed at strengthening protections and healthcare standards for pregnant and postpartum women held in federal custody, including in immigration detention facilities.

The Pregnant Women in Custody Act would expand safeguards beyond the federal prison system to include women detained by U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection and the Office of Refugee Resettlement. The proposal follows reports of pregnant women being shackled, denied medical care and suffering miscarriages while in immigration detention.

The legislation builds on a bipartisan version previously passed by the House during the 117th Congress. The updated bill includes new standards for healthcare access, mental health and substance use treatment, high-risk pregnancy care, family unity protections and increased federal oversight.

“Proper pregnancy care is a human right, regardless of your immigration or incarceration status,” Kamlager-Dove said in a statement. “It’s unacceptable that there are virtually no legal safeguards for pregnant women in federal custody.”

The bill would also limit the use of restraints and restrictive housing for pregnant women, improve data collection on maternal health in custody and require additional staff training and enforcement measures.

Supporters of the measure said the legislation is intended to address long-standing concerns about maternal healthcare and safety in detention settings, particularly for Black women and low-income women who are disproportionately impacted by incarceration and health disparities.

“Pregnant women in custody should never be subjected to dangerous and inhumane treatment that threatens their health, dignity, or the well-being of their babies,” said Patrice Willoughby, chief of policy and legislative affairs for the NAACP and a longtime public policy and government affairs strategist, in a statement.

A 2021 report estimated there are about 58,000 admissions of pregnant women into U.S. jails and prisons each year. Kamlager’s statement also cited a recent investigation by NBC News and Bloomberg Law that identified allegations of severe mistreatment or medical neglect involving at least 54 pregnant women or families in county jails between 2017 and 2024.

Federal policy under the Department of Homeland Security restricts the detention of pregnant, postpartum and nursing immigrants except in extreme cases. However, the agency reported that ICE deported 363 pregnant, postpartum or nursing women between January 2025 and February 2026, including 16 recorded miscarriages during that period.

The bill is cosponsored by several House Democrats and backed by organizations including the NAACP and the Vera Institute of Justice.

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How Is AI Affecting California? The State Wants You to Share Your Story

The program marks the first time the state has opened the platform to all Californians. State officials said the effort is designed to give residents a direct role in discussions about how AI should be regulated and used as the technology rapidly expands across industries.

Published

4 days ago

May 17, 2026

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By Bo Tefu, California Black Media

Gov. Gavin Newsom announced May 7 that California is expanding its Engaged California digital democracy initiative statewide, inviting residents to help shape future state policies on artificial intelligence (AI) and its impact on jobs and the economy.

“We’ve got to be clear-eyed about this moment: AI is moving fast, bringing enormous opportunity, but also real risks,” Newsom said in a statement. “Californians deserve a seat at the table as we shape what’s to come.”

The initiative will roll out in two phases. Beginning immediately, Californians can sign up online to share how AI is affecting their work and communities and provide ideas for possible government action. Later this summer, a smaller group reflecting the state’s workforce demographics will participate in live discussions focused on developing policy recommendations.

State officials said the goal is to identify areas of agreement among Californians and provide policymakers with public feedback as the state develops future AI regulations and workforce strategies.

Engaged California is modeled after digital democracy programs used in Taiwan and is intended to encourage structured public discussion rather than social media-style debate. Officials described the effort as a form of “deliberative democracy” aimed at helping residents engage directly in state decision-making.

“The more Californians are engaged in the democratic process, the better able we’ll be to confront the challenges we face together,” said Nick Maduros, California Secretary of Government Operations, in a statement.

The statewide launch builds on two earlier pilot programs. One pilot gathered public input following the Los Angeles firestorms to help guide recovery efforts, while another collected ideas from state employees about improving government operations.

California has positioned itself as a national leader in AI policy and development. Since 2023, the Newsom administration has introduced initiatives focused on responsible AI use in government, cybersecurity protections, workforce training and regulations targeting risks such as deepfakes and AI-generated robocalls.

The state has also partnered with companies in Silicon Valley — including NVIDIA, Google, Adobe, IBM and Microsoft — to expand AI education and workforce training programs across California schools and universities.

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California Launches Free Diaper Program for Newborns Statewide

The initiative, called Golden State Start, will provide 400 free diapers to every newborn delivered at participating California hospitals beginning this summer. The state is partnering with Baby2Baby, a California-based nonprofit that distributes essential items to children in need nationwide.

Published

4 days ago

May 17, 2026

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By Bo Tefu, California Black Media

Gov. Gavin Newsom announced Friday that California will launch a first-in-the-nation program providing free diapers to families with newborns, part of a broader effort to lower costs for parents and improve infant health outcomes.

The initiative, called Golden State Start, will provide 400 free diapers to every newborn delivered at participating California hospitals beginning this summer. The state is partnering with Baby2Baby, a California-based nonprofit that distributes essential items to children in need nationwide.

State officials said hospitals participating in the program will give families the diapers when they are discharged after birth, helping parents leave with an immediate supply of newborn essentials.

“Every baby born in California deserves a healthy start in life,” Newsom said in a statement. He said the program is part of California’s broader affordability efforts, which also include free school meals, universal preschool for four-year-olds and expanded after-school programs.

The announcement comes ahead of Mother’s Day and is tied to the administration’s broader CalRx initiative, which aims to reduce costs for essential products and medications. State officials said California is also exploring ways to lower diaper prices by challenging high costs from major brands.

The first year of the program will prioritize hospitals serving large numbers of Medi-Cal patients, with plans to expand to additional hospitals and birthing centers over time. Officials said the effort is intended to reduce financial pressure on low-income families and improve infant and maternal health by ensuring parents have access to clean diapers.

“California families deserve to feel supported during one of life’s more exciting, yet vulnerable transitions,” First Partner Jennifer Siebel Newsom said in a statement. She said the program would allow parents to focus on caring for their newborns instead of worrying about basic supplies.

According to Baby2Baby, one in two families in the United States struggles to afford diapers. The organization has distributed more than half a billion items to children over the past 15 years through partnerships with shelters, hospitals, foster care programs and schools.

State officials said Baby2Baby will oversee diaper purchasing, warehousing and distribution through its existing hospital and community partnerships across California.