IT WAS ONE OF MODERN HISTORY'S
WORST NATIONAL DISASTERS.
>> Molly: OBAMACARE UNDER FIRE
ON SEVERAL FRONTS.
THE HEALTHCARE LAW IS FACING
CHALLENGES FROM THE COURTS.
THE WHITE HOUSE AND 2020
DEMOCRATS.
THANKS FOR JOINING US.
KICKING THINGS OFF.
WHEN WE TALK ABOUT OBAMACARE IT
IS INCREDIBLE.
ALMOST 10 YEARS NOW.
THE LAW HAS BEEN PICKED AT AND
NOT JUST BY REPUBLICANS.
ALSO BY DEMOCRATS AS WELL.
REALLY, THE COURTS HAVE DONE A
NUMBER.
SO YOUR THOUGHTS.
WHERE IS THE GREATEST KHAL --
CHALLENGE COMING FROM RIGHT NOW?
>> IF WE TALK ABOUT TODAY THE
GREATEST CHALLENGE MIGHT
PERHAPS BE FROM THE COURTS.
AT LEAST IN PART.
JUST A COUPLE OF WEEKS AGO THE
FIFTH CIRCUIT ISSUED A DECISION
IN THE AZAR CASE.
THE CLIP YOU PLAYED FROM
PRESIDENT TRUMP, THE FIFTH
CIRCUIT STRUCK DOWN THE
INDIVIDUAL MANDATE.
THE CONTROVERSIAL PART OF THE
LAW THAT REQUIRED INDIVIDUALS
TO BUY INSURANCE.
>> Molly: THEN UPHELD ON APPEAL.
THEN THERE IS A GOP LED SUIT
ARGUING THE WHOLE THING SHOULD
BE SCRAPPED.
IS THAT ONE TO WATCH?
WE JUST NEED TO LOOK AT THE
VARIETY OF POTENTIAL LAWSUITS
THAT COULD COME.
>> I THINK THIS LAWSUIT IS
IMPORTANT FOR THE
CONSTITUTIONAL PRINCIPLE THAT
IT SETS UP.
IT IS IMPORTANT TO LOOK AT THE
BACKGROUND OF THIS CASE.
IN 2012 THERE WERE SIX JUSTICES
THAT FOUND THAT THE INDIVIDUAL
MANDATE WAS UNCONSTITUTIONAL
UNDER THE COMMERCE LAWS.
THIS WAS THE GROUND THAT
CONGRESS HAD RELIED ON.
INSTEAD OF LOOKING AT THE
COMMERCE CLAUSE WHAT THE COURT
DID WAS TURNED TO THE TAXING
POWER AND REINTERPRETED THE
INDIVIDUAL MANDATE'S PENALTY TO
BE A TAX.
AND SAID OKAY, IF WE LOOK AT
THIS AS A TAX AND LOOK AT IT AS
A TAX, THEN WE CAN UPHOLD THE
INDIVIDUAL MANDATE.
BUT THEN COMES THE 2017
CONGRESS AND THEY ZERO OUT THE
MANDATE.
YOU HAVE A TAX THAT RAISES ZERO
REVENUE.
IS THIS STILL A TAX?
THE FIFTH CIRCUIT RIGHTLY SAID
NO.
YOU WOULD HAVE AN UNLIMITED
TAXING POWER IN WHICH THE
GOVERNMENT COULD REQUIRE ANYONE
TO DO ANYTHING WITHOUT BEING
HELD TO POLITICAL
ACCOUNTABILITY OF ISSUING A TAX.
>> Molly: WE'VE SEEN CONGRESSAL
ACTION.
INTERESTING TO SEE WHAT HAPPENS
AFTER THE 2020 ELECTIONS ON
THIS ISSUE.
SPEAKING OF THE 2020 ELECTIONS.
NOT JUST REPUBLICANS THAT HAVE
GONE AFTER OBAMACARE.
DEMOCRATS ON THE CAMPAIGN TRAIL
HAVE TALKED A LOT ABOUT
TWEAKING AMERICA'S HEALTHCARE
SYSTEM AND ROLLING OUT THEIR
OWN PLANS.
PETE BUTTIGIEG TALKED ABOUT THE
HEADLINE FROM THE "WASHINGTON
POST" ON HIM.
HIS REVAMPED VERSION.
IT HINGES ON SUPERCHARGED
VERSION OF UNPOPULAR OBAMACARE
MANDATE.
HE HAS TALKED ABOUT ESSENTIALLY
WHAT HE CONSIDERS THE MODERATE
ALTERNATIVE TO OFFERING
GOVERNMENT-SPONSORED PLANS FOR
THOSE WHO WANT IT.
LETTING OTHERS KEEP THEIR
PRIVATE INSURANCE.
WHAT DO YOU THINK OF THE
MODERATE CHALLENGE, THE
TWEAKING OF OBAMACARE?
>> WELL, I THINK IT IS TRUE
THAT MIGHT BE A LESS DRASTIC
STEP THAN GOING THE FAR LEFT
MEDICARE FOR ALL ROUTE.
BUT ALL OF THESE PROPOSALS ARE
OBAMACARE ON STEROIDS.
THEY TAKE WHAT I THINK IS A
FAILED PROPOSAL AND SORT OF
DOUBLE DOWN ON THIS.
THEY DOUBLE DOWN ON BIG
GOVERNMENT.
I THINK THE REPUBLICANS IN
CONGRESS HAVE THE RIGHT IDEA IN
FIXING THE FLAWS TO OBAMACARE.
NOT MAKING IT BIGGER BUT MAKING
SURE THAT AMERICANS HAVE ACCESS
TO WHAT THE NAME SAYS, ACTUALLY
AFFORDABLE INSURANCE WHILE
PROTECTING THOSE ARE
PRE-EXISTING CONDITIONS.
>> HOW DOES IT GET PAID FOR?
LET'S LEAN MORE LEFT.
WE HAVE A SOUND BITE FROM
BERNIE SANDERS FROM THE MOST
RECENT RALLY TALKING ABOUT
MEDICARE FOR ALL.
>> WHAT WE HAVE TO DO IS MAKE
CLEAR THAT THE FUNCTION OF
HEALTHCARE IS TO PROVIDE
HEALTHCARE TO ALL AND NOT MAKE
HUGE PROFITS FOR THE INSURANCE
COMPANIES AND THE DRUG
COMPANIES.
THE BEST WAY TO DO THAT, THE
MOST SIMPLE WAY TO DO THAT IS
THROUGH A MEAD CARE FOR ALL
SINGLE PAYER PROGRAM.
>> Molly: HE TOUTED THIS PLAN
AND IS THAT THE THREAT TO
OBAMACARE?
THERE IS A WHOLE CONTINGENT OF
FOLKS IN THE DEMOCRAT PARTY
THAT WANT TO SEE THINGS GO
FURTHER AND FURTHER AND FURTHER?
>> I THINK IT CERTAINLY IS IN
THE SENSE YOU ARE SEEING THE
LEFT PUSH TOWARD EVER-BIGGER
GOVERNMENT AND HERE YOU HAVE A
DOUBLING DOWN AND SAYING
OBAMACARE IS NOT ENOUGH.
SUB STUDIES FROM NOT ENOUGH.
WE NEED TO HAVE HEALTHCARE FOR
ALL.
AGAIN, I THINK THE KEY IS
LOOKING AT THE OBAMACARE AND
THE FAILURES IN THAT LAW AND
FIXING THEM RATHER THAN
DOUBLING DOWN ON THIS IDEA OF
BIG GOVERNMENT WITH ITS $32
BILLION PRICE TAG.
HERE IN THE UNITED STATES WE
ACTUALLY HAVE ACCESS TO WORLD
CLASS HEALTHCARE.
IF YOU LOOK AT THE STATISTICS
THIS PAST YEAR 70% OF AMERICANS
WERE ABLE TO SEE A SPECIALIST
AS OPPOSED TO COUNTRIES WITH
THE HEALTHCARE FOR ALL LIKE
CANADA WHERE 40% DID.
WE DON'T WANT TO THROW OUT THE
BABY WITH THE BATH WATER.
WE NEED TO KEEP OUR HEALTHCARE
AT THE WORLD CLASS SYSTEM THAT
IT IS.
WHILE MAKING IT AFFORDABLE.
I THINK CONGRESS CAN WORK ON
THAT.
>> Molly: REALISTICALLY LOOKING
AHEAD WE'VE SEEN THE PLAYERS IN
THE GAME OUT THERE POLITICALLY.
WHAT DO YOU THINK WILL HAPPEN
TO OBAMACARE IN THE COMING
YEARS?
>> I THINK TO GO BACK TO THE
COURT CASE.
THAT'S MORE MY AREA.
WHEN YOU LOOK AT THAT CASE, THE
FIFTH CIRCUIT ISSUED AN
INTERESTING RULING ON
SERVERABILITY.
THEY BASICALLY KICKED THAT
DECISION AND SERVERABILITY --
THAT'S A FANCY LEGAL WORD FOR
DETERMINING HOW MUCH OF THE LAW
FALLS.
CONGRESS RIGHTS THE LAWS AND
THE COURTS ARE SUPPOSED TO
INTERPRET IT.
THEY FOUND THE INDIVIDUAL
MANDATE WAS UNCONSTITUTIONAL.
THAT PART OF THE LAW FALLS.
THE QUESTION IS ONE TO THE
CONGRESS.
THEY SENT IT BACK TO DISTRICT
COURT TO LOOK AT THE QUESTION
IN LIGHT OF WHAT THE 2017
CONGRESS DID.
I THINK THAT'S REALLY IMPORTANT
BECAUSE IT SHOWS THE DIRECT
BALANCE BETWEEN CONGRESS AND
THE COURTS.
THE COURTS ARE SUPPOSED TO
IMPLEMENT WHAT IT IS THAT
CONGRESS HAS DONE SO THEY
DIRECTED IT TO THE DISTRICT
COURT.
AMERICANS GET TO KEEP THEIR
INSURANCE AS THE PRESIDENT SAID.
THIS WILL WORK ITS WAY THROUGH
THE COURTS AND CONGRESS HAS
TIME TO FIX PROBLEMS WITH THE
AFFORDABLE CARE ACT.
>> Molly: THANK YOU SO MUCH.
I KNOW THERE ARE A LOT OF
PEOPLE THAT WOULD LIKE