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3 Key Takeaways From The King v. Burwell Oral Arguments
Key Moments From Oral Arguments Bode Well For The Affordable Care Act
The Supreme Court heard oral arguments in King v. Burwell today, the latest partisan threat to the Affordable Care Act that threatens to strip subsidies away from millions of Americans in more than three dozen states. While the arguments presented by the lawyers and the questioning from the Justices certainly don’t give us the answer to how the case will turn out, they do provide an early indication of how the Justices may be leaning in their decision. With that in mind, we wanted to highlight three key points from the oral arguments today that could indicate that the subsidies for millions of Americans — and by extension Obamacare as a whole — will be safe when the ruling is handed down in June. For more in-depth analysis be sure to read Think Progress Justice editor Ian Millhiser’s complete analysis.
1. Justice Anthony Kennedy was concerned about what the consequences of a ruling for the challengers would mean. At one point during the arguments, Kennedy, always a potential swing Justice, acknowledged the reality that states would face if tax credits are cut off in states with federally run exchanges: premiums would spike, healthy people would drop out of the marketplace, and a so-called “death spiral” of higher premiums for fewer, sicker customers would ensue. An interpretation of the law that forces states to choose between setting up their own exchanges and eliminated tax credits raises “a serious constitutional problem,” Kennedy said.
2. The Justices got the challengers to admit that context matters. It may seem obvious that context matters — but this is actually somehow a critical debate in a legal argument where the challengers case rests on reading a single clause in place of the clear meaning of the entire law. After a nifty hypothetical from Justice Kagan, Michael Carvin, the attorney for the challengers, responded to “implore” the Justices to make their decision taking into account “the context of the Act as a whole.””
3. For any indication of momentum outside the courtroom, look no farther than right outside the Supreme Court steps. Hundreds of ACA supporters turned out to rally in support of the law and urging the court to protect health care for millions of Americans; meanwhile, just a handful of opponents thought it important enough to show up. The Washington Post writes, “If good organization could win a legal debate, supporters of the Affordable Care Act would triumph.”
Take a look at some of the best signs from the rally:
And if that’s not enough, check out the spate of editorials in support of the law from The New York Times, The Washington Post, The Los Angeles Times, USA Today, Tampa Bay Times, Kansas City Star, Dallas Morning News, Knoxville New Sentinel … (shall we go on? Yes we shall) … Albany Times Union, Orlando Sentinel, Bangor Daily News, and the Toledo Blade.
BOTTOM LINE: We’ve known from the beginning that this challenge to the Affordable Care Act is a politically-motivated, legally weak attack from those trying to use the Court to do what they have been unable to do in Congress or at the ballot box: repeal the Affordable Care Act. After today’s oral arguments, we hope the Justices will see that as well and make a decision that upholds the law, and doesn’t savage the reputation of the court. Momentum is with us.
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A Visit to the White House Kitchen Garden:
Parents, staff, and students tour the White House Kitchen Garden on the South Grounds of the White House after participating in a “Let’s Move!” event preparing and eating a garden harvest with the First Lady in the East Room of the White House, June 3, 2015. (Official White House Photo by Lawrence Jackson)
See more from our “Photo of the Day” gallery here.
On Tuesday, in a ceremony at the White House, President Obama awarded the Medal of Honor posthumously to Army Sergeant William Shemin and Army Private Henry Johnson for conspicuous gallantry during World War I.
Our Continued Commitment to America’s Foster Youth
Last month was National Foster Care Month. It provided us an important opportunity to highlight the many ways that the Administration has worked to stem the often disproportionate, unfair, and heartbreaking challenges facing our foster youth, and to provide them the equal opportunity for success that they deserve. We want them to know they are not alone.
5 Facts You Should Know About the Role Trade Plays on America’s Farms and Ranches
Without the expanded trade that came with past trade agreements, the agricultural economy and the American economy as a whole would not be as strong as it is today. But new trade agreements are only possible if our negotiators can speak with one voice to negotiate free and fair trade deals. Trade Promotion Authority (TPA) — now being considered in Congress — allows them to do just that.
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Southern Rites: The Heartbreaking Story of Justin Patterson’s Death
Wh
en Gillian Laub started photographing the racially divided town of Mount Vernon, Ga. — with its segregated homecomings and proms — she stumbled onto the story of Justin Patterson, a 22-year-old black man who was killed, on Jan. 29, 2011, by Norman Neesmith, a 62-year-old white man.
posted in Time
Patterson’s story, which further divided Mount Vernon, is the subject of Southern Rites, a HBO documentary premiering on May 18.
Dedee Clarke, Justin’s mother, spoke to TIME.
In HBO’s Southern Rites, photographer Gillian Laub goes to Mount Vernon, Ga., a racially divided town
Gillian Laub:Sha’von, Justin and Santa, 2012
“When I got the call, it was around 3.45 in the morning and my youngest son, Sha’von, said that Justin had been shot and he was dead… For a long time, Sha’von wouldn’t talk about it, he would only tell me things in bits and pieces. It wasn’t until 2013 that he told me the whole story. I think that the thing that bothered him the most was that the gun was actually aimed at him. Justin looked back, saw that and pushed Sha’von out of the way and took the shot himself. It’s something I don’t think he’ll really recover from. He just has to learn to live with it. It’s a day-by-day process, but I don’t think anybody can ever be the same.
The first time I met Gillian was in 2010. My youngest son, Sha’von, was attending the prom that year, and she was photographing it. I thought the work she was doing was great. But I didn’t know that much about her, I just knew that the pictures that she was taking were important. I didn’t get to know her on a deeper level until my son, Justin, died.
[When Gillian shifted her focus to what had happened to Justin], I was, at first, a little reluctant. But I could just see her passion and drive as she talked to me and I knew at that point that she really cared. I was more relaxed around her and I began to open up. But I just remember saying that it wasn’t going to be pretty sight because I was just not in the right state of mind, and she understood that.
You have to feel some kind of compassion when you do this. And Gillian had that; she felt it. And because she felt it, I believed that shows in her work.
Of course, it was very difficult to see Norman Neesmith in Gillian’s film. I had always made it a point not to really look directly at him. And to see him up close and personal in the film, it was very hard. It was hard to watch some of the things that he said. It’s just hard to hear that he never really acknowledged that his daughter invited them into his home. I felt that he thought he was a victim. I don’t think he understands that Justin had a life. He had a daughter. And she will never have her father.
Gillian’s work makes me feel that my son’s death was not in vain. That’s the one thing that I can hope for. I’m hoping that it will help someone. It’s too late for my son, but maybe it can help somebody else.
I’m hoping it will help other mothers to see that you can still survive that kind of pain and. I’m a survivor because God says I am. Everything that I believe in is because of God. He’s the reason that I’m here because there’s no way I could have done any of this by myself. I felt like nobody really cared because the story wasn’t out. It was a while before it was even in a paper. To see it now and to know that people really care, it does make me feel supported. It definitely does. I’m thinking that everyone will have an idea of what happened. This is real life. These people are real people; they feel that pain continuously every day.
My goal here is for people to know and understand that there’s still, very much so, a lot of injustice in this world and something has to be done about it.”
Be a Seed for Change 
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