King V. Burwell Decision

Floor Speech

Date: June 18, 2015
Location: Washington, DC

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Ms. STABENOW. Mr. President, first I want to thank my friend from Connecticut, not only for those very powerful words but for his ongoing advocacy and leadership in the whole realm of health care and the importance of something as basic as being able to take the kids to the doctor, to make sure that you have the health care and the affordable health insurance that you need. I want to thank Senator Murphy, and I also want to thank Senator Baldwin as well, my partner and neighbor from Wisconsin. Senator Baldwin is also a champion as it relates to quality, affordable health care for every American. Both of them are very important voices and leaders on what we call the HELP Committee. I am their partner on the other committee that does the financing of health care, which is, in fact, the Finance Committee.

As the ranking Democrat--the lead Democrat--on the Health Care Subcommittee and someone deeply involved through the Finance Committee as we were putting together the Affordable Care Act, I think it is appropriate for me to be able to talk about legislative intent. That is what I want to do for a moment. We knew that in putting together a way for everyone to be able to purchase affordable health insurance and indicating the expectation that we would, it had to be affordable.

I worked very hard to make sure that we had a tax credit system that would essentially lower people's taxes so they could take those funds and be able to use those to be able to afford health insurance. In fact, at the time, Senator Baucus, the chairman of the committee, would razz me and call me ``Senator Affordability'' in all the meetings.

We spent a lot of time focusing on how to make sure health insurance was affordable. What is happening, as Senator Murphy said, is that if the Supreme Court sides with the Republican position, 6.4 million Americans are going to see tax credits go away and their taxes go up. The worst part is that their taxes are going to go up and their health care is going to go down. It is not a good deal for anybody.

Unfortunately, one of those States is my State of Michigan.

But let me talk a little bit more, first, about the broad picture, because we are looking at $1.7 billion in tax increases to people all over America if the Supreme Court sides with the Republican position. Basically, somehow we would have to say it is rational that Members from all of these States actually voted for a system that didn't help their own people, which makes absolutely no sense.

I can't believe anybody would do that. People wouldn't do that. Basically, we are saying that Members of Congress said that people in Massachusetts, where there is a State exchange, can have a tax cut, but if you live in Oklahoma you can't. Or if you live in the District of Columbia, right here, you can have a tax cut, but if you live in Louisiana, you can't. Or if you live in New York, you can have a tax cut, but if you live in Texas, you can't.

We can go right around looking at some of the numbers. I will not go through all of the charts that I did last week. I am very grateful for Senator Murphy for pointing out two very important States.

Let me talk about my State of Michigan. I happen to be a baseball fan. I am a big Detroit Tigers fan. When we look at Comerica Park in Detroit, it is a beautiful stadium. Mr. President, we welcome you to come and watch a game and get our folks engaged in what they do best at winning games. The fact of the matter is that you would have to fill up Comerica Park five times--that is what it would take--to get the number of people who are going to lose their health care tax credits if the Supreme Court sides with the Republican position--228,388 people.

A couple of other States: In Illinois, 232,371 people will see their taxes go up. In New Jersey, 172,000-plus will see their taxes go up. In Ohio, another State right down from the great State of Michigan, 161,011 people will see their taxes go up. Finally, in Pennsylvania, it is 348,823 people.

When we look at all of this, all of the States together, 6.4 million people are going to see tax increases. It makes no sense that people who represent these States would have voted for a system that raises taxes on their people and doesn't give them the health care they need while other people, in fact, see lower taxes--tax credits that allow them to pay for their health care and get affordable health care. It makes absolutely no sense.

Let me also say this. When we look at the Chairman of the Finance Committee in the Senate, the former distinguished chairman, Senator Max Baucus from Montana, all the time we were debating the Affordable Care Act, it was clear that Montana had absolutely no plan to set up their own exchange. They indicated that. In order for the Court to side with Republicans, we would have to somehow believe that Senator Baucus would write a health care bill with tax cuts for other States and not his own State of Montana, which I can assure you he did not do. The same can be said for myself.

The legislative intent is absolutely clear on this. What the Court is deciding, in my opinion, is something that I can't believe they are even bringing in front of the U.S. Supreme Court because on the face of it, it makes no sense. Unfortunately, depending on how they rule, millions of Americans--millions of Americans--will see their taxes go up and their health care go away.

The intent is very real. It is very clear in the Affordable Care Act. Title I, page 1: Quality, affordable health care for all Americans. What was true 5 years ago when we wrote this bill is true today: The right to get the tax cuts has nothing to do with the State in which you live. If you are in America, then you deserve the opportunity to receive tax cuts that will make your health care affordable, whether you get your plan on an exchange run by the State or through healthcare.gov.

This is about moms and dads in Michigan and across the country being able to go to bed at night without having to say a prayer that says: Please, God, don't let the kids get sick because what am I going to do? The Affordable Care Act has provided an answer and the peace of mind for millions of Americans. We certainly hope that the Supreme Court will not take that away.

I would now like to yield the floor to the great Senator from Wisconsin.

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