What Will King v. Burwell Mean for Americans?



For Immediate Release
June 15, 2015

Deborah Hamilton, Hamilton Strategies, 215.815.7716, 610.584.1096, DHamilton@HamiltonStrategies.com


What Will King v. Burwell Mean for Americans?

If SCOTUS Rules to Halt Subsidies, Americans Win Back Freedom, Says Citizens’ Council for Health Freedom; If Court Rules for Obama Administration, Congress Must Repeal

ST. PAUL, Minn.—Since the day the Affordable Care Act (ACA) was signed in 2010, it's created consternation for parties on both sides of the law, from complaints about high premiums and compromised care to religious liberty issues and unconstitutionality.

But as early as next week, Obamacare could become unraveled for good.

Twila Brase, president and co-founder of Citizens’ Council for Health Freedom (CCHF, www.cchfreedom.org), a Minnesota-based national organization dedicated to preserving patient-centered health care and protecting patient and privacy rights, has been educating Americans for five years about the dangers of Obamacare. Now she, along with the rest of the country, is anxiously awaiting the Supreme Court's ruling in the landmark case King v. Burwell, which will decide if subsidies being used by residents in states with no exchanges are indeed lawful.

Brase says three scenarios are possible:

  1. The Supreme Court could rule that subsidies are illegal and must cease immediately.
  2. The Court could rule that subsidies are illegal, but may end at a later date, such as by the end of 2015, giving Congress time to decide if they want to make changes to the law.
  3. SCOTUS could rule in favor of Burwell and the Obama Administration to keep subsidies operating as they are now.


"To rule in favor of the Administration and keep Obamacare unchanged would be a terrible attack on the rule of law because it sends the message that the rule of law does not matter; whoever has most power, the strongest attorneys and the biggest voice wins," Brase said. "Without the rule of law, it becomes the rule of power—all up to interpretation. Claims of intent and outside interpretations of intent would rule, not the actual words written in the law.”

Both proponents and opponents of the ACA are analyzing various comments from President Obama this month, seemingly defensive about the government health care plan and perhaps questioning the Court's wisdom for even taking the case in the first place.

"These comments, to us, say that the President is preparing for defeat and is ready to shift blame away from himself and the Democrats by questioning the Supreme Court's intellect and the constitutional rigor surrounding the case," Brase said. "But we're counting on the fact that the Court will rule on what is actually written in the law, not what the writers now claim they intended for the law. There's a huge difference, and once we start allowing the loose interpretation of law based on after-the-fact claims of intent, the rule of law goes right out the window."

Others also think the Obama Administration may be preparing for defeat, as Health and Human Services Secretary Sylvia Burwell recently testified before the House Ways and Means Committee that if SCOTUS rules against the Administration and disallows federal subsidies, it's up to Congress and the states to figure out a solution, FOX News recently reported.

A common concern is that 6.5 million Americans may lose their health care, as they won't be able to afford coverage without the help of federal subsidies. But Brase says the majority of Americans won't lose out, but instead will win back their health freedom because the law’s mandates and penalties on employers and most individuals are tied to the availability of premium subsidies.

"This is an opportunity to save America from Obamacare," Brase said, "to protect their freedoms from government mandates, taxes and penalties, fewer jobs, work hours that have been cut to the bone, and lower wages. The Court and Congress must stick with the law as written by prohibiting illegal subsidies, then repeal it."

Republican lawmakers have already dismissed Obama's "simple fix" solution of rewriting one line in the law, after the President suggested that "Congress could fix this whole thing with a one-sentence provision" by making clear that federal Healthcare.gov subsidies are available in all 50 states, Bloomberg has reported.


"If Republicans did agree to the President's 'simple fix,'" Brase said, "what would be the 'simple fix' for those in 37 states who will remained stuck with the expensive and job-killing Obamacare mandates and penalties? Anything Congress does to expand Obamacare will be a huge loss for the majority of the American people, who are being forced to purchase more expensive insurance, forced to work 28 hours instead of 40, and forced out of jobs because companies can't provide insurance for all their employees—all thanks to Obamacare. Unfortunately, at this point, there is no 'simple fix.' The only solution is complete repeal."

For more information about CCHF, visit its web site at www.cchfreedom.org, its Facebook page at www.facebook.com/cchfreedom or its Twitter feed, @CCHFreedom.

Citizens’ Council for Health Freedom is a patient-centered national health freedom organization based in St. Paul, Minn., that exists to protect health care choices and patient privacy.  CCHF sponsors the daily, 60-second radio feature, Health Freedom Minute, which airs on approximately 350 stations nationwide, including 200 on the American Family Radio Network and 100 on the Bott Radio Network. Listeners can learn more about the agenda behind health care initiatives and steps they can take to protect their health care choices, rights and privacy. 

CCHF president and co-founder Twila Brase, R.N., has been called one of the “100 Most Powerful People in Health Care” and one of “Minnesota’s 100 Most Influential Health Care Leaders.” A public health nurse, Brase has been interviewed by CNN, Fox News, Minnesota Public Radio, NBC Nightly News, NBC’s Today Show, NPR, New York Public Radio, the Associated Press, Modern Healthcare, TIME, The Wall Street Journal, The Washington Post and The Washington Times, among others. She is at the forefront of informing the public of crucial health issues, such as intrusive wellness and prevention initiatives in Obamacare, patient privacy, informed consent, the dangers of “evidence-based medicine” and the implications of state and federal health care reform.


For more information or to interview Twila Brase, president and co-founder of Citizens’ Council for Health Freedom, contact Deborah Hamilton at 215-815-7716 or 610-584-1096, ext. 102, or Beth Harrison at 610-584-1096, Media@HamiltonStrategies.com.

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