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---
title: Bobby Jindal: SCOTUS Decision Is Not the End of the Obamacare Debate
description: In order to win, we conservatives first have to play.
canonical: https://time.com/3937809/bobby-jindal-supreme-court-decision-is-not-the-end-of-the-obamacare-debate/
author: TIME
article:opinion: true
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article:published_time: 2015-06-26T17:25:00.000Z
article:modified_time: 2026-08-04T07:58:47.076Z
article:section: Ideas
og:title: Bobby Jindal: SCOTUS Decision Is Not the End of the Obamacare Debate
og:description: In order to win, we conservatives first have to play.
og:url: https://time.com/3937809/bobby-jindal-supreme-court-decision-is-not-the-end-of-the-obamacare-debate/
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og:image:alt: Louisiana Governor Bobby Jindal announces his candidacy for the 2016 Presidential nomination during a rally on June 24, 2015 in Kenner, Louisiana.
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twitter:title: Bobby Jindal: SCOTUS Decision Is Not the End of the Obamacare Debate
twitter:description: In order to win, we conservatives first have to play.
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![](https://static.time.com/v3/assets/bltea6093859af6183b/blt0f03a7b667c63c5f/698858a40a4a22fc109c4eac/bobby-jindal2.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9)


# Bobby Jindal: Supreme Court Decision Is Not the End of the Obamacare Debate

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<!-- video src="https://cdn.jwplayer.com/manifests/N52WtovW.m3u8" -->
## Video: Supreme Court Upholds Obamacare Tax Subsidies

[Watch (HLS stream): Supreme Court Upholds Obamacare Tax Subsidies](https://cdn.jwplayer.com/manifests/N52WtovW.m3u8) (0:54)

![Supreme Court Upholds Obamacare Tax Subsidies](https://cdn.jwplayer.com/v2/media/N52WtovW/poster.jpg?width=720)

_Published 2015-06-25. Handing the Obama administration a victory, the U.S. Supreme Court voted 6-3 to uphold nationwide Affordable Care Act tax subsidies._


by 

[Gov. Bobby Jindal](https://time.com/author/gov-bobby-jindal/)


## Gov. Bobby Jindal


Jun 26, 2015 5:25 PM UTC

![Louisiana Governor Bobby Jindal announces his candidacy for the 2016 Presidential nomination during a rally on June 24, 2015 in Kenner, Louisiana.](https://static.time.com/v3/assets/bltea6093859af6183b/blt0f03a7b667c63c5f/698858a40a4a22fc109c4eac/bobby-jindal2.jpg?branch=production&width=1200&quality=75&auto=webp&crop=3:2)

Louisiana Governor Bobby Jindal announces his candidacy for the 2016 Presidential nomination during a rally on June 24, 2015 in Kenner, Louisiana.

Louisiana Governor Bobby Jindal announces his candidacy for the 2016 Presidential nomination during a rally on June 24, 2015 in Kenner, Louisiana. Sean Gardner—Getty Images

by 

[Gov. Bobby Jindal](https://time.com/author/gov-bobby-jindal/)


## Gov. Bobby Jindal


Jun 26, 2015 5:25 PM UTC

Thursday, the Supreme Court had its say on Obamacare; soon, the American people will have theirs.

As a matter of law, the Court’s decision upholding subsidies for states participating in the federally run insurance exchange, healthcare.gov, violates the plain text of Obamacare. The statute expressly restricted insurance subsidies to those individuals purchasing coverage through an “Exchange established by the state.” But just as Chief Justice Roberts three years ago decreed that the individual mandate functioned as a tax, even though both Congress and President Barack Obama stated that it wasn’t, the Court decided that “Exchange established by the state” meant any type of Exchange, whether established by states or by Washington.

It’s a sad outcome for the rule of law — and the English language. But when it comes to the political debate surrounding Obamacare, the Court’s ruling ultimately decides little. Of course, Obama, who took an entirely predictable victory lap yesterday, would have you believe otherwise. But we’ve seen his triumphalism before — and have seen it come crashing back to reality.

Three years ago, Obama stated he wouldn’t “refight old battles,” mere hours after seven Supreme Court justices — including his own former solicitor general — struck down the law’s mandatory Medicaid expansion as unconstitutional “economic dragooning” of the states. On election night 2012, the president promised to “move forward” — months before at least 4.7 million Americans received insurance cancellation notices thanks to Obamacare. And this April, the president arrogantly declared that “the repeal debate is and should be over” — mere weeks before his native state of Hawaii shut its failed insurance exchange, an effort the federal government spent more than $200 million funding.


So, much as the President would like the debate on Obamacare to be over, it isn’t. The debate persists in large part because the law has singularly failed in its prime objective: Containing health care costs. Consider why this Supreme Court case mattered so much to the administration in the first place. The law spends over $1.7 trillion on subsidized coverage to make insurance more “affordable,” largely to offset the new mandates and regulations that have raised the price of insurance.

And with myriad insurers proposing double-digit premium increases for next year — some as high as 50% — candidate Obama’s 2008 promise to lower insurance premiums by $2,500 per family is further away then ever. No wonder the law remains singularly unpopular. When it comes to winning the debate on Obamacare, there is still all to play for.

But in order to win, we conservatives first have to play. That means outlining our alternative vision for health care: How we would restore freedom and choice to a health care sector currently lacking for both — and most importantly, how we would slow, and hopefully reverse, the trend of skyrocketing health care costs.


As I write this, I stand as the sole major declared presidential candidate (with the possible exception of Bernie Sanders) to put forward my vision on health care, and an alternative to Obamacare. As proud as I am of my plan, that is a boast I wish I were not able to make. Because Republicans, from the top down, must outline a clear and coherent vision for health care to win the trust of the American people to repeal this President’s health law.

While we should be shouting our vision from the rooftops, many of my fellow candidates have managed barely a whisper about how exactly they would repeal Obamacare, or what they would do to tackle the main issue plaguing our health care system: rising costs. Sen. Mike Lee recently stated that lack of an Obamacare replacement plan should be a disqualifier for any conservative presidential candidate. He’s absolutely right. We owe it to the American people to release our plans well before November 2016, and to have a robust debate within our party about what should come after Obamacare.


Because, contrary to this President’s self-proclaimed edicts, yesterday’s Supreme Court decision is not the end of the debate on Obamacare.

Now that the Supreme Court has ruled, the debate shifts back to the elected branches of government — the ones that caused our health care mess in the first place. It is there that conservatives can complete our work to repeal Obamacare.


## Transcript

[00:00] President Obama can breathe easy now. The US
[00:02] Supreme Court upheld a key part of the signature
[00:05] healthcare law. The case, King versus Burwell, involved
[00:08] the tax subsidies millions of Americans rely on to
[00:11] afford health insurance premiums under the
[00:12] Affordable Healthcare Act. The plaintiff's argued,
[00:15] based on they way one section of the law reads, these
[00:17] subsidies To be available only to those who enroll in
[00:19] exchanges quote established by the state. Now just 16
[00:23] states have their own exchanges. The rest, 34 states,
[00:27] rely on the federal marketplace Healthcare. gov. Had
[00:29] the court ruled against the Obama Administration on
[00:32] this one, roughly 6. 4 million customers in those states
[00:35] would have lost their subsidies. And premiums would
[00:38] have almost surely increased as much as 35 % for
[00:41] those remaining on the Federal Exchange according to
[00:43] one study from the Urban Institute. But that's not going
[00:45] to happen. The high court agreed with the White
[00:48] House. The law's intent was to make subsidies
[00:50] available to all Americans who qualify regardless of the
[00:53] state they live in.

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