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it’s even worse than this. Roberts cut a deal *with the liberals* to trade the exchanges for the mandatory Medicaid expansion, and they agreed to it because judges don’t know shit about policy or have any policy staff

mtsw@mtsw.bsky.social

probably the most heavily debated "policy" in my lifetime was Obamacare and the result of it was not that any of the debates got resolved, John Roberts just randomly took a meat clever and excised like half the stuff in it on a whim. Who cares if that's how actual policy gets made.

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They did it because they didn’t have a choice, the GOP had four votes to issue a fatwa to destroy the law and Roberts could credibly promise to be a fifth

The argument was that the individual mandate was absolutely necessary to prevent an adverse selection death spiral in the marketplace. That was what what policy wonks and economists were arguing at the time.

People always have a choice when a branch of their government chooses to behave in flagrantly illegitimate ways. And most of the time, people choose to let them keep doing it, Because It's Just Easier. But sometimes the people very suddenly choose otherwise.

Along these lines, the whole reason we have the Shadow Docket was that Roberts was afraid that Obama's clean energy targets would tank the economy. Reader, the market hit those clean energy targets regardless by virtue of improving battery tech.

The dissent thought the entire ACA should be struck down if the individual mandate goes, as it was so crucial to the entire law that they could not be separated. Don't know if Roberts agreed but some of the 5 felt it at least made sense to apply that reasoning to guaranteed issue + community rating

Meaning it’s very plausible that without the deal they struck, there would have been 5 votes to strike down all of the major individual market reforms (if not the entire ACA) on severability grounds. That’s a much harder choice to make at the time.

If the exchanges-for-Medicaid bargain was cut without real policy staff in the room, the public inherits a deal nobody outside those chambers fully mapped. Who should be in the room when the Court remakes a program that large?

Fair line. If the Court has no business overseeing Congress, a closed-door bargain that remakes Medicaid and the exchanges still looks a lot like lawmaking without a floor vote. Where do you draw the line between review and rewrite?

I’m not so sure about that. Premium increases over the past few years have been substantial and next year we’re in for the highest increase yet. That’s largely due to healthier people dropping coverage as premiums skyrocket. I have an ACA plan that went up 25% last year.

I dunno. The argument was no mandate -> adverse selection driving up spending and premiums, and premiumshave been going way up. Has anyone done a study on how much of that is selection? It’d be a hard study to do since the mandates ended right as COVID hit.

Also I expect letting people stay on their parent’s insurance until 26 probably filled in a lot of the gaps that a mandate would have addressed. That’s the specific cohort that’d be most likely to shrug it off.

I think it was quite easy to predict! The idea that the main factor in people's decision on whether to purchase insurance is an accurate assessment of their expected future health care costs is just really dumb economics brain thinking.

well sure, but perhaps an indication of what type of thinking was dominant among policy thinkers who had the ear of Democratic officials from say 2007-2013 or so!

Since exchange subsidies are set at percent of income regardless of the actual premiums true death spiral was literally impossible. "Experts" were actively gaslighting everyone. Insane Obama team took a high risk strategy of arguing whole law should be thrown out if mandate was repealed.

That was the metaphor! And everyone used it. Krugman talked about it too. And in terms of direction of effect everyone was correct. It's the magnitudes that matter and that turned to be quite smol relative to other pushes/pulls.

This was basically known from when I was on the hill in ~2010 from people at CBO. Maybe the generalists but the healthcare folks knew it was a paper tiger once it was passed and the only real value was the initial nudge.

And back to the legal side what was wild was that no lower court came anywhere close to declaring the Medicaid expansion unconstitutional! Roberts just made a thing out of it to logroll with Breyer and Kagan, and turned out that was a wayyyyy more significant policy change than ending the mandate!

might be a stupid idea but I think the default approach for healthcare moving forward should just be utilizing emergency powers to lower the age of Medicare whenever possible. feel like that has more of a chance at success than negotiating some bill

Yeah, it turned out adverse selection was blocked by the fact that the American medical payment system relies so much on overbilling and hoping the patient pays that a young healthy American still needs insurance as protection from overbilling.

Relatedly, the trade seemed wise to people who thought the stick was as essential as the carrot, because they believed if Roberts killed the mandate, he’d take the coverage guarantee and subsidies with it.

it sure underlines how the whole decision had nothing whatsoever to do with the constitution or any legal principle, it was 100 percent grubby political horse trading

Yes and no. AT THE TIME, the mandate was necessary in order to *get the insurance carriers to participate at all.* If they had refused to offer plans on the exchanges, the ACA would have been dead in the water.

As designed the mandate represented a fairly small stick. A larger one probably could help the system function better overall on the margin by scooping up the small number of young/healthy stragglers but in general people understand the value of insurance coverage and want it if they can afford it.

Right - like Massachusetts does have universal* healthcare (* - 2% uninsured rate, and that's mostly new resident churn), and it in part because it has a mandate and that mandate bites a lot harder than the ACA did.

You may remember that during the 2008 primaries Clinton and Obama sparred over healthcare policy and Clinton critiqued Obama's proposal because it did not include an individual mandate. I remember thinking Obama seemed a bit green on policy.

I think it depends on the definition of "work". people with higher risk profile can buy insurance that won't break the bank, and enough people with lower risk profile will buy it that the pricing sort of works. But we didn't get the percentage of uninsured to 99% or 95%