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Upton Says Republicans Will be Ready if Supreme Court Strikes Down Obamacare Subsidies

WMUK

(MPRN-Undated) Congressman Fred Upton (R-St. Joseph) says Republicans are getting ready with replacement plans in case the U.S. Supreme Court strikes down a key provision of Obamacare. 

“Should the court rule that way, obviously, part of our effort was to signal to the court that we’re prepared,”

says Upton, who attended the arguments earlier this month. The provision offers subsidies that makes insurance affordable for people who buy coverage on the federally run exchange in states – like Michigan – that did not set up their own exchanges.

The challenge is highly technical and focuses on a specific phrase in the Affordable Care Act that says the subsidies can only go to people in states that set up their own exchanges. The Obama administration says IRS rules still allow the subsidies to apply in every state.

Upton says, if the subsidies are struck down, the president would prefer a fix that preserves the Affordable Care Act, but GOP majorities in Congress probably won’t restore the provision if it’s struck down.

“I have to say that’s unlikely to occur in either the House or the Senate, so we’ve got to work on a proposal that we can get to the president’s desk, and hopefully one he can sign,”

he says, adding that is the Supreme Court strikes down the subsidies

“…in all likelihood the employer mandate’s going to be gone, so you’re going to leave maybe seven or eight million people without coverage, so we’ve got to decide how we’re going to fix this.”

About 340,000 healthcare consumers in Michigan would be affected. Upton says Republicans are working on “off ramps” to Obamacare that would end employer and individual mandates and replace the subsidies with tax credits.

President Obama says he expects the court will uphold the subsidies. The Michigan Legislature’s GOP majorities balked at a state-run exchange over the objections of Gov. Rick Snyder (R), who said it would be the best deal under Obamacare for Michigan businesses, consumers, and taxpayers. Snyder says he might ask the Legislature to re-visit the question if the Supreme Court rules against the subsidies.

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