High court argues healthcare as Trump blocks Biden: 500 words

The Affordable Care Act takes centre stage Tuesday in oral arguments before the US Supreme Court as President Donald Trump continues to refuse to concede the election and the US Congress returns to work in a lame-duck session.

At issue at the high court is a question of “severability”, or whether the ACA’s “individual mandate” can be struck down as unconstitutional or whether the entire statute must fall.

The court has a new conservative, 6-3 majority after the confirmation of Justice Amy Coney Barrett. Lawyers for the Trump administration argue the entire law should be held unconstitutional.

Barrett signalled during her confirmation hearings that she is open to the argument over severability and Chief Justice John Roberts has ruled in the past that the court should use a “scalpel” not a “bulldozer”.

If the court strikes down the entire law, its mandate that private health insurers provide coverage for pre-existing conditions would be eliminated, potentially affecting more than 100 million people. Some 20 million would likely lose health insurance altogether.

Democrat Joe Biden, the winner of the US presidential election, plans to give a speech Tuesday on the imperative of maintaining the healthcare law as the nation struggles against the coronavirus pandemic.

Biden rejected the “Medicare for All” proposal advocated during the Democratic primaries by socialist candidate Bernie Sanders. Instead, Biden proposes adding a “public option” to the Affordable Care Act’s marketplace system, allowing Americans a choice to buy into Medicare.

Meanwhile, Trump White House officials have instructed top government officials to block cooperation with Biden’s transition team, according to a report in The Washington Post newspaper.

Emily Murphy, the head of the General Services Administration, has refused to release $6.3m in funds to the Biden transition and denied Biden’s team access to agency officials and information.

US agency heads have been told by the White House to ignore the results of the election as reported by the media and instead wait for official word from the government, according to the report.

Biden is weighing legal action over the GSA’s delay in recognising his projected win, a Biden transition official told reporters on a call Monday.

The Trump campaign and the Republican Party are alleging fraud in the handling of ballots in key states where Biden won, with little proof.  Cases the campaign have introduced so far have largely been dismissed.

WATCH FOR MASSIVE BALLOT COUNTING ABUSE AND, JUST LIKE THE EARLY VACCINE, REMEMBER I TOLD YOU SO!

— Donald J. Trump (@realDonaldTrump) November 10, 2020

Trump and Republicans brought lawsuits against election officials in Detroit, Michigan, and Pittsburgh, Pennsylvania, on Monday. Recounts are expected in Wisconsin and Georgia.

Attorney General Bill Barr has authorised the Justice Department to investigate any “substantial allegations” of voter fraud that could “impact the outcome” of the 2020 election, The Associated Press news service reported Monday night.

The US Senate returns to work with Republicans and Democrats meeting separately in their caucus lunches to elect leaders. Republican Mitch McConnell and Democrat Chuck Schumer were both re-elected.

Former FBI Deputy Director Andrew McCabe is testifying before the Senate Judiciary Committee on the bureau’s “Crossfire Hurricane” investigation into Russian interference in the 2016 presidential election.

The Senate remains in Republican control at least until two Georgia runoff contests are decided in January.

The outcome of the two Georgia races, in which Democrats are challenging Republican incumbents, will determine whether Republicans would have the majority and ability to block Biden’s agenda in the first two years of his presidency.