Leave it to a 19th century law to highlight the spuriousness of Republican arguments that “Obamacare” has failed.
The first topic to come up in oral arguments on Monday at the start of the Supreme Court's historic three-day health care marathon was whether anyone has standing to challenge a new requirement that most individuals buy health insurance coverage -- or pay a penalty. As attorney Robert Long told the justices, the 1867 Anti-Injunction Act imposes a “pay first, litigate later” requirement. So what’s the problem? The first penalties under the Affordable Care Act won’t be imposed until 2015.
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However the justices rule on the question, its moment under the high court's microscope is a reminder that the law Republicans have already deemed a failure is in its infancy and its major provisions won’t be in place until 2014.
The Supreme Court arguments and the law’s second anniversary last Friday triggered a new round of GOP attacks along those lines. “President Obama wanted health care to be his signature issue,” Republican National Committee Chairman Reince Priebus wrote last week. “Today, it is an undeniable failure.”
“This presidency has been a failure. At the centerpiece of this failure is this piece of legislation,” Mitt Romney said Friday at a repeal-and-replace event in Metairie, La. Rick Santorum aimed a double-barreled email attack Sunday at both "Obamacare" and Romney’s signature health care law in Massachusetts. "It didn't take long for people in Massachusetts to realize Romneycare was a failure and it is already proving to be the same on the national level. That's why I vow to repeal and replace Obamacare," Santorum said.
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Republican strategist Ed Rogers, meanwhile, wrote Thursday in The Washington Post that “Obama is failing on energy and health care.” His evidence: "The total cost of health care has risen 21 percent since Obama got elected, while inflation has only risen 7.26 percent. The average cost of health care for employees has increased 28 percent, and the average cost for employers has increased 19 percent.
“He claims health care as his trophy success for his first term. Wasn’t he supposed to rein in costs, or is that another Obama policy that’s working perfectly according to plan, it just hasn’t been given enough time to have any discernible positive effect?” Rogers asked.
There have been and will be problems with the complex and far-reaching Affordable Care Act – a long-term disability insurance program already has been scrapped and states have demanded and won more flexibility on what insurance policies they offer in online marketplaces called exchanges, to name two. But the Republican complaints are premature at best, misleading at worst.
For a start, the authors of the study that shows the total cost of health care has risen 21 percent since Obama was elected – a Towers Watson survey of 512 companies that spent $87 billion on health care in 2011 -- also say that “over the last five years, we have witnessed the longest period of stability in health care cost increases since this survey began in 1995.”
The Obama administration points to the federal government’s new authority to review and put a spotlight on requested insurance rate hikes over 10 percent. It also brags about lower premiums for Medicare Advantage, the private plans available as alternatives to traditional Medicare.