[Congressional Record Volume 161, Number 37 (Wednesday, March 4, 2015)]
[Senate]
[Pages S1291-S1293]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
KING V. BURWELL
Mr. BARRASSO. Mr. President, earlier today the United States Supreme
Court heard arguments in an important case, a consequential case. It is
called King v. Burwell. This case was brought on behalf of millions of
Americans who have been harmed by the President's unlawful expansion of
his unworkable and unaffordable health care law.
Sometime before the end of June, the Court will decide if the law
passed by Congress means what it says or if it means what the President
wishes it said.
It looks at one very specific and very important part of the
President's health care law. The law says that Washington could help
subsidize the premiums of people buying health insurance coverage
through exchanges established by the States. President Obama decided
that wasn't enough. He wanted to use taxpayer dollars on behalf of
people buying insurance in the Federal exchange as well. That is it.
That is the legal question.
The law, written by Democrats in Congress--written behind closed
doors--only authorized subsidies for one group, but the President paid
them out for another group. The case is not about the Constitution, it
is about the rule of law.
I was at the Court this morning listening to the arguments, and I
expect that the Justices will strike down the way the President
expanded the law.
Time after time this administration has claimed power it did not have
and taken actions it cannot defend. The
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way the administration expanded the health care law is one of the most
blatant of these power grabs, because when Democrats passed the law,
they got exactly what they wanted. They rejected Republican idea after
Republican idea that could have made this law better. They forced it
through Congress with absolutely no Republican support.
It still wasn't good enough for the Obama administration, so it
expanded the law some more. ObamaCare is a minefield, and the
administration refused to give people the information they need to help
them navigate it.
The Obama administration knew this court case was coming well before
the enrollment period to buy insurance for this year even started. So
did the American President tell the American people these subsidies
might not be legal? Did he warn people? What did the President actually
say? Did he warn anyone signing up in the exchanges that they might not
be seeing the real price of any insurance they picked? No, the
President refused to do so.
He knew he might lose the case. He knew it. He knew the risk he was
making people take, but the President didn't say a word--people who
were just trying to make the best choices for their families. The White
House did not tell people the truth about their options.
Several Republican Senators wrote to the Secretary of Health and
Human Services and the Secretary of the Treasury asking them to warn
people. We said people need this information. There are thousands of
dollars at stake for families, and the Obama administration should at
least tell them what might happen.
The Secretary has refused to level with the American people.
Just the other day, the Secretary of Health and Human Services
admitted she had no plan B. Her letter is clear and it is
consequential. She admits that if the Supreme Court rules against the
Obama administration, the President does not have the authority--does
not have the authority--to use administrative actions to undo the
Supreme Court decision. The administration purposefully waited to admit
that until after the open enrollment period ended. It didn't want to
take the chance that warning people might hurt its enrollment numbers.
Today at the Supreme Court, several Justices were skeptical of the
administration's legal defense. I expect the Supreme Court to say the
President must enforce the law Congress has passed, rather than the law
the President wishes Congress had passed. If it does, it will help rein
in this out-of-control White House. It will tell the Obama
administration it must obey the law and that the President cannot keep
making up the rules as he goes along.
The health care law is clear. The President was wrong to expand his
health insurance exchanges beyond what the law allowed. The President
was wrong to use the IRS to make up rules and penalties. The Obama
administration was irresponsible for not warning people.
Republicans will have a plan to protect the people harmed by the
President's action and to create a path away from ObamaCare. First, our
plan will help the millions of people who have been hurt by the White
House's decision to illegally implement its health care law. It would
be unfair for families to lose their coverage in the middle of the year
just because they believed the false promises made by Barack Obama. So
Republicans will help Americans keep their coverage for a transitional
period.
Second, it will give States the freedom and flexibility to create
better, more competitive health insurance markets, offering more
options and different choices at home where people live, not decisions
made in Washington.
We want to allow States to come up with health care systems that work
for them, not the bureaucrats in the Nation's Capital. We would give
every State the ability to create a better market, better opportunities
suited to the needs of that State's citizens. It is time for President
Obama to stop putting people through all of the pain this law has
created.
The President's health care law continues to be unpopular,
unworkable, and unaffordable. He needs to finally negotiate with
Republicans to give people the reform they wanted all along, which is
what people asked for--the care they need from a doctor they choose at
lower cost.
I yield the floor.
The PRESIDING OFFICER. The Senator from Connecticut.
Mr. BLUMENTHAL. Mr. President, I am pleased to follow my
distinguished colleague and friend from the State of Wyoming, and I
rise to talk about exactly the same issue and to differ with him,
respectfully, that the current law is unworkable, unpopular, and
unaffordable. In fact, history demonstrates that it is certainly
working.
In the State of Connecticut we know well that it is working as it was
intended because we have a State-run exchange, and we have cut the
number of uninsured by one-half, while improving health care quality,
lowering Medicaid spending, and making remarkable achievements across a
whole range of metrics. That same story is true of our Nation as a
whole, whether there are State-run exchanges or Federal supervised
exchanges.
Today's point, whether it is in the Supreme Court or here, should be
extraordinarily encouraging about the Congress's approval of the
Affordable Care Act and the fact that it is working across the country.
It is succeeding in delivering exactly what was intended, what the
Congress promised, what its advocates saw, access for all Americans to
affordable health insurance.
The ACA is working today to protect Americans from abuses, and I saw
them literally day in and day out as attorney general: people who lost
health insurance when they got sick, people who were denied coverage
because of a preexisting condition, people who were charged more
because of their gender, people who were denied the basic care they
needed and deserved for themselves, their children, and their families,
giving them access not only to health care but also to work and to
family stability.
I saw every day as attorney general how imperiled and critical health
care is in this country and how much we need to do more and do better
in this area.
The uninsured rate in this country is the lowest it has been in 7
years, and we have lowered it a remarkable 25 percent in just 1 year.
Eight million people have gained health insurance through the exchanges
who didn't have it before, and I know that States with federally run
exchanges have made improvements, just as Connecticut has done, which
is fully in accordance with the absolutely crystal-clear intent of this
Congress and this law to provide affordable health insurance for all
Americans, regardless of where they live, what State, what ZIP Code,
whatever their occupation and background.
Let's be clear. As with any big law there are kinks that need to be
ironed out, there are glitches that need to be resolved, but the
Affordable Care Act is working now and working better every month,
every year.
The legal issue before the Court has been debated today in depth, and
I believe with the great persuasiveness--similar to the Presiding
Officer, I had the honor to serve as a law clerk to the Supreme Court
and watch many arguments. To say that today is historic I think is
true, but in my view almost every argument before the Supreme Court is
historic in its consequences--some more than others, but every one is
consequential because cases don't reach the U.S. Supreme Court unless
they are difficult and consequential, and issues of statutory
interpretation that are said to be simple often are more complicated
than they may seem.
But I know, without a doubt, having read this statute, that the text
and structure of the Affordable Care Act clearly demonstrate--in fact,
they unmistakably demand--that Federal tax credits be available to
every eligible taxpayer in every State in this country.
I have done arguments in the U.S. Supreme Court, and I had the honor
to be attorney general of the State of Connecticut as well as a U.S.
attorney.
Having looked at this statute as a whole, having read the words that
need to be interpreted by the Supreme Court, I have reached this
conclusion: Contrary to the argument of partisan opponents, both the
act itself and the plainly overwhelming evidence from its consideration
and passage demonstrate its nationwide scope.
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I wasn't here at the time it was passed, but from the legislative
history and, most important, from the structure and language of the act
itself, there seems to be irrefutably and incontrovertibly an
understanding that tax credits would be available regardless of which
governmental agency set up an exchange. The act simply would not have
worked any other way and courts have an obligation to read statutes in
a way that makes the most sense in terms of the overriding intent and
purpose of the Congress.
The financial support simply, for universal coverage, would not be
there without this interpretation, a commonsense interpretation that
makes sense of congressional intent, purpose, and the law as a whole.
The law has given so many families across the country access to care
for the first time. There has been an effort to repeal this act
legislatively. There has been an effort to overturn it in the courts.
Both have failed because it is working and because it is
constitutional.
A ruling for the plaintiffs in this case that is now before the Court
would not only be contrary to law, it would be catastrophic to millions
of families who owe their health insurance to the structure the ACA has
established. It would be, in fact, a human tragedy as well as a legal
travesty.
There is simply no alternative that has been offered by opponents to
this law. It is difficult therefore to see how this misguided lawsuit
is anything other than one more cynical attempt to repeal or overturn
this law--or torpedo it by any means necessary, regardless of the
collateral damage to millions of innocent people who would suffer loss
of health care insurance and health care. And the tragedy would be not
only for them but for our entire Nation because the cost would ripple
throughout our society--the cost in lost work; the cost in families
suffering from the consequences of bankruptcy, which is caused most
frequently by health care-related financial issues; the cost in the
ability of our workforce to function at the height of efficiency that
we all need; and the cost ultimately in diseases that have to be
treated and ailments that have to be addressed and preventable health
care consequences for our children. Prevention is one of the most cost-
effective goals of the Affordable Care Act.
So I will work with my colleagues to support this act and to
determine what other efforts can make progress toward the ultimate goal
that we all should share--an America that is free from disease or
injury that will bankrupt our families, an America that is healthier
and better able to afford health care, and quality and timely health
treatment.
The lack of standing on the part of these plaintiffs seems clear, but
putting aside all of the technical issues and the legal debate, the
Affordable Care Act has allowed America to make huge, exciting strides
in the direction of better health care. So we should be proud of the
act passed by this body. Even many of us perhaps who were not here at
the time can look forward to how much further we can go, and America
has that fundamental obligation.
Mr. President, I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
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