What You Need To Know About The Affordable Care Act After Texas Ruling

The Affordable Care Act that protects people with pre-existing conditions is at risk after a federal judge in Texas ruled it unconstitutional.

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The Affordable Care Act faces a new legal challenge after a federal judge in Texas ruled the law unconstitutional on Friday. The decision risks throwing the nation’s health care system into turmoil should it be upheld on appeal. But little will be different in the meantime.

“Nothing changes for now,” says Julie Rovner, chief Washington correspondent of Kaiser Health News.

“If you need to sign up for health insurance you should,” Rovner tells NPR’s Michel Martin. “If you’re in one of the several states where it’s extended where you can sign up through January, you have time to do that too.”

Below are some questions and answers about the ACA.

1. What was the Texas ruling?

U.S. District Judge Reed O’Connor ruled that the Affordable Care Act was not constitutional. O’Connor made his decision after 18 Republican state attorneys general and two GOP governors brought their case, Rovner reports. They claimed that the Supreme Court upheld the ACA in 2012 because it included an individual mandate — or a tax penalty for Americans who did not buy health insurance. After Congress repealed the individual mandate in 2017, O’Connor said the rest of the law fell apart.

2. Who might this ruling affect?

The Affordable Care Act runs for more than 1,000 pages and includes many provisions — the exchanges for individuals that are frequently political footballs — and a long list of other measures and protections designed to expand insurance coverage.

NPR’s Alison Kodjak reports that the ACA expanded Medicaid, which has allowed more than 10 million people to get coverage in states that chose to expand the program. The law also protects people with pre-existing conditions and allows people up to age 26 to be covered under their parents’ insurance; requires calorie counts at restaurants and gives protections to lactating mothers. The ACA also secured more money for Native American health care and made significant changes to allow for generic drugs and to provide funding for Medicare.

Rovner says people should act as if the ACA is still in place, but the ruling opens a possibility for “an enormous disruption.”

“It would really plunge the nation’s health care system into chaos,” Rovner says. “The federal government wouldn’t be able to pay for Medicare because all the Medicare payments have been structured because of the Affordable Care Act.”

3. What next?

Judge O’Connor did not rule the law has to be enjoined immediately. Saturday was the last day of open enrollment for the ACA in most states. NPR’s Kodjak reports people can still enroll in health plans in states with extended deadlines. She says even the newest ACA insurance policies will go into effect until more legal action plays out in courts. The federal site for insurance, Healthcare.gov, is running a banner that reads, “Court’s decision does not affect 2019 enrollment coverage.”

NPR’s Kodjak says the state of California has already said it will appeal the ruling. Other states will likely join California in the fight to preserve the law, Kodjak reports. Rovner says the case will probably reach the Supreme Court, though lower courts may reject O’Conner’s ruling first.

4. What are the political stakes in this decision?

The political stakes are great. Voters saw health care as an important issue in November’s midterm elections. Kodjak notes Congress voted multiple times in 2017 to repeal the ACA but did not succeed.

“Lots of Republicans were running ads during the midterms saying they were the ones who were going to protect people’s health care, and specifically protect people with pre-existing conditions,” Kodjak says.

The challenge to the ACA brought by Republican attorneys general is aimed at eliminating protections for pre-existing conditions, Kodjak says.

“So now you have Republicans trying to play both sides, which is going to be difficult,” she says.

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What Now? Judge Rules Affordable Care Act Is Unconstitutional

Steve Inskeep talks to Ezekiel Emanuel, an architect of Obamacare, about a federal district judge’s ruling Friday that the law is unconstitutional because of a recent change in federal tax law.



STEVE INSKEEP, HOST:

Here is the reasoning behind a federal judge’s ruling against the Affordable Care Act. Obamacare includes a mandate to buy health insurance. There used to be a tax penalty if you didn’t. Courts found that legal because Congress has the power to tax. But last year’s tax bill eliminated the penalty. Now the judge in Texas says there’s no authority for the mandate. Therefore, the entire law must go. What does that mean? Well, Zeke Emanuel is in our studios again. He worked on the Affordable Care Act under President Obama. Welcome back.

EZEKIEL EMANUEL: Good to be here.

INSKEEP: Is the law in serious danger?

EMANUEL: I don’t think so. It’s a kind of silly ruling. Even conservative legal scholars think it’s a silly ruling. The mandate had, as you mentioned, no teeth because there was no tax penalty. And so it turns out it’s not essential to the law. And if it’s not essential to the law, you can’t invalidate the whole Affordable Care Act just because the mandate might not be operative anymore.

INSKEEP: Although the judge is saying in his ruling, that may make sense, but I’ve got to go on the actual wording of the law. And the law is not severable, as they say. And this part doesn’t work. Therefore, none of it works.

EMANUEL: Well, that was true maybe in the 2010 version but not the post-December 2017, when the tax law changed the Affordable Care Act. One of the things I like to emphasize, certainly, to my students at the University of Pennsylvania is the ACA is over 900 pages long. The coverage sections are 225 pages. And those covered sections include not just the exchanges where the mandate is important but Medicaid. So it’s a small part of the law. There’s many other things in the law where the mandate has no effect, like changes to how we pay doctors, changes to try to incentivize – improve quality, penalties to hospitals that have too many hospital-acquired infections and other problems. Those things have nothing to do with the mandate. So the judge here is just way overstepping in his decision.

INSKEEP: So you are not worried at all that this would be upheld on appeal?

EMANUEL: I lost no sleep last night or on Friday night.

INSKEEP: (Laughter) OK, that’s fine. Let me ask about the law itself because we have just gotten through the end of open enrollment. Is this law working, in your judgment?

EMANUEL: Oh, it’s working hugely and better than anyone thought. I mean, we saw last week that health care inflation was down at 3.2 percent in the country, which is remarkably low. You also see that the law is actually popular. The insurance companies came out against this judge. The hospitals came out against this judge. The American Medical Association came out against this judge. The ACA is the framework for health care going forward. It’s incentivizing more efficiency. It’s actually led to lower costs for the last seven years. So it’s actually working pretty well.

INSKEEP: I want to ask about costs because you alluded to health care inflation being down, some lower costs being down. It is true that in 2018 – we’ve reported this – some people are paying lower health insurance premiums than they would’ve been – a few percentage points down. Yet we have also noted that is after huge increases the several years before. Health insurance costs are still really, really high, aren’t they?

EMANUEL: Oh, yes. They are very high. A family of four getting employer-sponsored insurance is over $19,000 – way high. But the growth rate, as we like to say, has actually come down. And that come-down, that decline in the growth rate has a lot to do with the fact that the Affordable Care Act changed how people think about health care. We’re now thinking more in the health care system about eliminating unnecessary care, reducing inefficiencies in the system. And we see that in the numbers. Actually, the utilization of services is going down because doctors are not ordering as many unnecessary tests. The big problem now is prices, high prices in the health care field – you know, $2,500 for an MRI and things like that.

INSKEEP: And there are still a lot of incentives built into the system for doctors and hospitals to just charge for things and see if they get paid.

EMANUEL: Right. And also drugs. Drugs are a big portion of those price differences. And that’s where you’re going to see focus over the next five years – in bringing those prices down and the exorbitant prices in many areas down. And I think private insurance companies are going to do that. You’re going to see some action on that on the part of Medicare. And I think that’s probably going to bring health care costs down. I’ve predicted a long period of relatively low health care inflation. And I do think we’re getting there.

INSKEEP: Zeke Emanuel, thanks for coming by. Always a pleasure talking with you.

EMANUEL: It’s my pleasure to be at NPR.

INSKEEP: He served under President Obama, worked on the Affordable Care Act.

Copyright © 2018 NPR. All rights reserved. Visit our website terms of use and permissions pages at www.npr.org for further information.

NPR transcripts are created on a rush deadline by Verb8tm, Inc., an NPR contractor, and produced using a proprietary transcription process developed with NPR. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.

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Medical Detectives: The Last Hope For Families Coping With Rare Diseases

Seven-year-old Carson Miller (left), and his brother, 5-year-old Chase Miller (right), both have a degenerative brain disease called MEPAN syndrome. There are only 13 people in the world who have it.

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All over the country, specialized teams of doctors are giving hope to families who are desperately searching for a diagnosis.

The medical sleuths, scattered across 12 clinics nationwide, form the Undiagnosed Disease Network. Since the program began in 2014, they’ve identified 31 previously unknown syndromes and they’ve cracked more than a third of their cases, according to a recent paper in the New England Journal of Medicine.

“It was like Sherlock Holmes,” says Euan Ashley, a professor of medicine at Stanford University.” Patients would come with mystery diseases and we would try to solve them.”

Although rare diseases are individually very uncommon, collectively they are surprisingly pervasive. In fact, if grouped together into a single category, they afflict between 25 to 30 million Americans.

For people coping with mystery conditions, finally getting a diagnosis can be life-saving or life-changing. Take the perplexing case of the two Miller boys from Marin County.

A Four-Year Diagnostic Odyssey

Five-year-old Chase and 7-year-old Carson have alert minds and radiant smiles but very uncooperative bodies. The blond, blue-eyed brothers are not able to sit, stand, speak, or feed themselves. They’ve spent their lives in wheelchairs.

Even though they attend a mainstream elementary school and are cognitively functioning on par with their peers, they are both still in diapers. The boys require constant care at home and attentive individual aides in the classroom.

When Carson was about a year old, he was misdiagnosed with cerebral palsy.

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The boy’s parents, Nikki and Danny Miller, first noticed a problem seven years ago when their first son wasn’t reaching typical milestones like rolling over or crawling. Instead, they witnessed spastic movements and tiny hands repeatedly balling into fists. Babbling never turned into words.

When Carson was about a year old, he was misdiagnosed with cerebral palsy. Then when the same developmental delays emerged in the Millers’ second-born, the parents started asking more questions, which led to a four-year diagnostic odyssey with countless inconclusive lab tests. One after another, specialists shrugged their shoulders.

“It’s really tough because as a parent you blame yourself,” says Danny. “What did I do wrong? Is there something wrong with my genes?”

Cracking the Case

Finally, two years ago Danny applied to the clinic at the Stanford Center for Undiagnosed Diseases. After reviewing the boys’ medical history, researchers ordered full genome sequencing for all four family members. Until recently this type of extensive testing was prohibitively expensive.

“We’re rapidly moving to the point where it makes more sense to go straight to the genome rather than measuring one gene, then another, then another,” says Ashley as he pulls out his laptop to point out the clue within the family’s genetics.

The screen is divided into several rows and columns with long strings of letters that represent the human DNA code. Ashley points to a section in the MECR gene, which, when disrupted, alters the part of the brain that controls movement.

“You can see in the colored section the same gene was hit by by two variants one from mom and one from dad,” he says. There is an incorrect letter in the boys’ genetic code. “One letter of 6 billion can cause these incredibly devastating diseases,” Ashley says.

Chase Miller plays at the park with his mom and older brother.

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Neither of the boys’ two copies of the gene works properly, which is why Carson and Chase have a brain disease called MEPAN syndrome. Only 13 people in the world are currently known to have it, and there is only one published scientific paper on it, says Ashley.

“Currently, there is no treatment for MEPAN, but Danny and Nikki are hoping a heavy cocktail of vitamins and supplements will slow down the disease from progressing and further limiting the boy’s ability to move. The parents also take the boys to physical, occupational, and speech therapy to strengthen their muscles and teach them life skills. The boys communicate with computers attached to their wheelchairs.

Discovering what was wrong was only a single step on the family’s journey, though a crucial one. A diagnosis is key to refining treatment and potentially attracting more scientific interest, which may someday lead to a cure.

Father Danny Miller’s voice cracks as he contemplates the road ahead.

“Recently at school Carson built a sentence that said, ‘I hate my wheelchair,’ ” recalls Danny. “Because I know that he wants to be up running around, playing tag, and hide and seek with the other kids. That may not be the way things work out. But I’m going to do everything in my power to try and make sure that does happen.”

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Kitka Brings 'Powerful Women's Voices, Joined Together' From East To West

For four decades the Oakland ensemble Kitka has sung intricate harmonies from Eastern Europe. Members Shira Cion and Kelly Atkins talk about the group’s new album, “Harmonies of Heaven and Earth.”

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LULU GARCIA-NAVARRO, HOST:

The daylight is dwindling away. The solstice arrives on Friday. So let’s listen to some warming songs from Eastern Europe that celebrate the season upon us.

(SOUNDBITE OF SONG, “MOMCI KOLEDARCI”)

KITKA WOMEN’S VOCAL ENSEMBLE: (Singing in Bulgarian).

GARCIA-NAVARRO: The album “Evening Star” features harmonies unique to Balkan, Slavic and Caucasian lands. But here’s the twist – they’re served up by Kitka, a vocal ensemble of many years standing based in the San Francisco Bay Area. Shira Cion is the group’s artistic director. She joins us from the studios of KQED. Welcome.

SHIRA CION: So great to be here, Lulu. Thank you.

GARCIA-NAVARRO: Also with us is Kelly Atkins. She’s another Kitkat – I think that’s what you call yourselves, right?

KELLY ATKINS: It is, yes. Hi.

GARCIA-NAVARRO: Hi. Shira, I’m going to start with you. You’re quoted in the press notes saying this music springs from a, quote, “instinct to come together and sing in the deep, dark heart of wintertime.” I love that, by the way. Does this music help bring up the body temperature?

CION: They actually think it probably does. And it’s been interesting. You know, so many studies are now coming out about sort of the physical and cognitive and social benefits of harmony singing and choral singing. And I think all the science is just proving something that Eastern European villagers have known for centuries, which is that when times are tough, when weather conditions are cold, where merely surviving through a difficult season really calls upon communities to come together, it’s a time to sing. And I think singing does lift spirits. It does sort of synchronize our organisms together. I really do believe it helps us survive through trying times.

GARCIA-NAVARRO: Kelly, that image of the deep, dark heart of wintertime is also a metaphor, I guess, of the kind of music that this is. Tell me what – how you see it.

ATKINS: Well, we also use the metaphor of the cycles of life. Some of the songs, as you probably noticed, from the album are literally about winter. And some of them are about the winter of life. So we kind of see a lot of the songs that we sing not only about the holidays themselves but about the cycles that we go through in our own lives.

GARCIA-NAVARRO: Let’s listen to a bit of the title track. It’s a Bulgarian song – “Evening Star.”

(SOUNDBITE OF SONG, “ZVEZDA VECERNICA”)

KITKA WOMEN’S VOCAL ENSEMBLE: (Singing in Bulgarian).

GARCIA-NAVARRO: I got to tell you, it feels like something deeply thrumming and ancient. You know, it comes – it really comes from this sort of essential place. It really does. It’s amazing. Kelly, I understand you have a background as an indie rocker. What got you interested in Eastern European vocal music?

ATKINS: Well, the first time I saw the Bulgarian Women’s Choir, I was at Grace Cathedral. And I sat in the pews and just wept. And I couldn’t figure out what was happening to me. And it just rocked me on a very, very deep level. So I think that was my gateway drug, as we call it in the group. Most of us have our gateway drug of Bulgarian choir music.

GARCIA-NAVARRO: (Laughter) Shira, people also may be surprised to learn that there’s actually many vocal groups here in the states specializing in Eastern European music. There’s Kitka. There’s Planina based in Denver. There’s the Yale Slavic Chorus, which has been around almost 50 years. What do you think makes…

CION: Yes.

GARCIA-NAVARRO: …The music so irresistible to female vocalists?

CION: Well, I think for those of us who I would say identify as liberal American feminists, there’s something about the quality of powerful women’s voices joined together in this very physical, very close harmony, sometimes dissonant harmony configurations that really appeals to a contemporary American female sensibility.

(SOUNDBITE OF UNIDENTIFIED KITKA SONG)

KITKA WOMEN’S VOCAL ENSEMBLE: (Singing in foreign language).

CION: And these are cultures where labor was traditionally divided by gender. And women were accustomed to creating in community and creating music together in community. We were actually just talking about this in the greenroom earlier today – how all of us who sing in Kitka are much more oriented towards kind of collective and harmony singing than individualistic, soloistic singing. And I think it sort of counters the sort of strongly individualistic trend that America values so much. It’s, like…

GARCIA-NAVARRO: Exactly.

CION: …Everyone to…

GARCIA-NAVARRO: The solo artist.

CION: …Themself (ph).

GARCIA-NAVARRO: Yeah.

CION: The solo artist. And this is really a communal form that can really only take flight when there’s a community of people participating in it.

GARCIA-NAVARRO: Let’s listen now to a Ukrainian carol from your album.

(SOUNDBITE OF SONG, “V HOSPODARON’KA”)

KITKA WOMEN’S VOCAL ENSEMBLE: (Singing in Ukrainian).

GARCIA-NAVARRO: So this is actually a Ukrainian carol for New Year’s. And you actually traveled there a while back and met up with a Ukrainian group. What about your other travels to perform in Eastern Europe? What’s been the reaction from audiences?

ATKINS: We were in Serbia about – was it five years ago?

CION: Yeah, 2013.

ATKINS: And it was my first time with Kitka traveling abroad and singing Serbian music to Serbians. And I honestly was nervous going. I was thinking, who am I as an American to go and sing these songs in front of these people where, you know, they have these deep roots with these songs? But in fact, we were received very warmly. And it was really a cathartic experience for both the audience and for us.

GARCIA-NAVARRO: So, Kelly and Shira, this is to both of you. What’s your favorite song on the album?

CION: Oh, that’s a tough one.

ATKINS: It is.

CION: What do you think about maybe “Blazentsv”?

ATKINS: Maybe “Blazentsv.”

CION: Yeah. This isn’t technically a winter song. But it’s a song that we feel articulates qualities that we all try to summon in ourselves during the holiday season. It’s a musical setting of “The Beatitudes” by the Russian composer Vladimir Martynov. And, you know, these are calling the listener to embody qualities of generosity and compassion and kindness, living simply so that others might simply live and seeing that true contentment really comes from kind of going against the grain of greed and egoism and materialism and violence and living gently, living kindly so that others can feel the kingdom of heaven here on Earth.

GARCIA-NAVARRO: That is a good holiday message. Shira Cion and Kelly Atkins from the Kitka Woman’s Vocal Ensemble. Their new album is called “Evening Star.” Thank you both very much.

CION: Thank you so much for having us.

ATKINS: Thank you.

(SOUNDBITE OF SONG, “ZAPOVEDI BLAZENSTV/ THE BEATITUDES”)

KITKA WOMEN’S VOCAL ENSEMBLE: (Singing in Russian).

Copyright © 2018 NPR. All rights reserved. Visit our website terms of use and permissions pages at www.npr.org for further information.

NPR transcripts are created on a rush deadline by Verb8tm, Inc., an NPR contractor, and produced using a proprietary transcription process developed with NPR. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.

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'Bleed Out' Shows How Medical Errors Can Have Life-Changing Consequences

In Bleed Out, filmmaker and comedian Steve Burrows documents the 10-year odyssey of trying to figure out what went wrong when his mom went in for a hip replacement surgery and came out with brain damage and mobility issues after a weeks-long coma.

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In 2009, Steve Burrows’ mom, Judie, went in for hip replacement surgery. She came out with brain damage and mobility issues after a weeks-long coma that would change her and her family’s life.

In the new HBO documentary Bleed Out — Burrows, a filmmaker and comedian, tracks his 10-year odyssey to find out what happened to his mother and who is to blame. It’s a deep dark dive into the heart of America’s health care system.

What happened to Judie is complicated, but it essentially began with massive blood loss.

“In the end, that’s really how this whole thing started,” Burrows says in an interview with NPR’s Lulu Garcia-Navarro. “She lost over half the blood in her body.”

After her surgery, she was put into recovery and left alone with that’s called an electronic intensive care unit, or eICU.

With a series of monitoring tools that usually include microphones, video cameras and alarms, eICUs are meant to provide the 24-hour monitoring that many patients require after a major medical emergency.

“This [eICU] didn’t notice my mom was in a coma for at least a day and a half and I wanted to talk to the ICU doctor who was there that night,” Burrows says. “We were told there was no doctor there. I said ‘Well that’s insane, what do you mean?’ “

He says there were doctors monitoring the cameras out by the airport in Milwaukee and they were supposed to be the safety net for his mother.

Burrows says that when he asked whether the camera was on, the head of the ICU told him it wasn’t because of patient privacy issues.

As Burrows dug into his mother’s case and the failure of the eICU to recognize her coma, he came across a staggering statistic. According to a study by researchers at Johns Hopkins University, the third leading cause of death in the United States is medical errors.

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And those errors, Burrows says, can leave patients one step away from financial ruin.

“That’s the hard lesson we learned,” Burrows says. “My mom, certainly. She was a single mom, she raised my sister and I. She did everything right. She was set. And this happened and two and half years later, she’s broke. She’s on Medicaid … and now we, all the American taxpayers, are paying for her.”

Burrows says that before her surgery, Judie was a vibrant, independent and adventurous woman. These days, her health care has become increasingly more complicated, and in the past two months, she has started long-term hospice care.

“She is very compromised,” Burrows says. “She lost her speech several years ago and that was really the thing that really hurt her the most because she was so articulate and so full of life. I know that the loss of her speech is really the thing that is really killing her the most.”

Throughout the 10 years that Burrows documented his mother’s struggles, he recorded many conversations — both openly and secretly. One of those conversations was with the doctor who conducted his mom’s hip replacement surgery. At the time, the doctor didn’t know he was being recorded.

Steve: If you were in my shoes, right now, what would be …

Doctor: I’d like an accounting, just like you, for why in the hell no doctor was there. Their intensive care unit, where this problem occurred, we still don’t know what happened. We don’t have accountability.

Steve: I mean, do you think they’ll ever tell the truth?

Doctor: No. I don’t.

Up until this point, Burrows had been asking basic questions to the doctors and caregivers involved in his mom’s situation and their stories were always changing, he says. When he finally heard what he thought was the truth by the doctor, Burrows says it was shocking.

He started filming his mother’s pain and suffering after consulting with attorneys about trying to pursue justice for her. She was at her most vulnerable. It was painful and uncomfortable, but he knew he had to do it.

At the time, he didn’t want to make a documentary, but he eventually decided others needed to know what happened.

“When I started to find out about this universal thing, about the third leading cause of death, and then the eICUs, I thought I really have to tell people about what I just found out,” Burrows says. “Because I’m a pretty informed guy and I didn’t know about any of this stuff.”

Although he’s done his best to make sure his mother is comfortable, Burrows says he hasn’t been able to give her what she really wanted, which was to get her life back.

“I had a great mom and I really tried hard to give her everything she wanted and I couldn’t give her any of that,” he says. “She wanted to go home. She wanted to drive. She wanted her life back.”

Burrows says he hopes that as people watch the film, they realize they need to ask thoughtful questions when it comes to their health care, and he stressed the importance of having a patient advocate in case things like this happen.

“You need to shop for doctors and hospitals like you’d shop for a car,” he says. “You know, shop like your life depends on it because we found out that it does.”

NPR’s Sarah Handel and Cindy Johnston produced and edited the audio for the story. Wynne Davis adapted it for Web.

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Philly Frustration, 1968: 'The Day That They Were All Against Everything'

Philadelphia Eagles fans are known for passionately — sometimes rudely — backing their team. That reputation was cemented on a cold Sunday in 1968, when disgruntled fans pelted Santa with snowballs.



SCOTT SIMON, HOST:

Sports fans in the City of Brotherly Love have a tough reputation and history in part because of the images of Eagles fans booing and pelting Santa Claus with snowballs 50 years ago today. NPR’s Philadelphia correspondent Jeff Brady talked with locals about that anniversary.

JEFF BRADY, BYLINE: When it comes to Philadelphia Eagles fans, Gail Wehmeyer is among the dedicated.

GAIL WEHMEYER: I’ve been a season ticket holder since 1961.

BRADY: I caught up with her at her day job at a bowling alley in Northeast Philadelphia.

(SOUNDBITE OF BOWLING PINS FALLING)

BRADY: Somebody is hitting a lot of noisy strikes. So we head into a quiet room to remember December 15, 1968. The Eagles played the Minnesota Vikings on a very snowy day. The game wasn’t memorable, but halftime was.

WEHMEYER: Poor, little, old Santa Claus got bombarded while my dad and I sat in the stands with our hands over our heads.

BRADY: Wehmeyer says fans behind her didn’t have great aim. So she got pelted, too. Here’s the basic story that’s been repeated over the decades. The Eagles were having a bad season. And this game wasn’t going well, either. The fans held on to their anger for the halftime show.

WEHMEYER: The Eagles fans are either all for you, or they’re all against you. And this was the day that they were all against everything. And poor Santa Claus was the target.

BRADY: The man in the suit was 20-year-old Frank Olivo. He’s since died. But here he is seven years ago in an ESPN video.

(SOUNDBITE OF ARCHIVED RECORDING)

FRANK OLIVO: I remember watching a fellow make a snowball and throw it at me. And I just walked up to him, you know, at the bottom of the wall there. And I said, you’re not getting anything for Christmas.

BRADY: That’s an attitude Philadelphians can respect. And over the past five decades, Olivo became a minor hero. Local news outlets ran feature-length obituaries when he died in 2015. On Philadelphia streets now, a few people say they’re a little ashamed that fans gave Santa a hard time 50 years ago. But outside a popular cheese steak restaurant, before last Sunday’s loss to Dallas, fans like Zane Major remained unapologetic.

ZANE MAJOR: It’s part of our reputation of no nonsense. And we don’t even respect Santa Claus. We respect the win – the Eagles to win. That’s what – all we want for Christmas (laughter). If he’s not bringing that, then go away Santa Claus – snowballs coming.

BRADY: And this attitude extends beyond the Eagles fan base.

REBEKAH ADENS: Hi, I’m Rebekah. I’m from Philadelphia.

BRADY: OK. And you’re wearing green. Is that because you’re an Eagles fan or?

ADENS: Nope. It was on sale.

BRADY: Rebekah Adens had never heard of Frank Olivo or that fans pelted Santa with snowballs. But she’s not surprised.

ADENS: That’s Philly. We’re pretty rude. That’s messed up.

MAJOR: Sorry about that.

BRADY: But you say that with a smile.

ADENS: Because we’re proud of it. That’s why. It’s terrible. We want to be better. But we won’t (laughter).

BRADY: After last year’s Super Bowl win, the Eagles are not doing as well this year – six wins and seven losses so far – not as bad as 1968. Still, Sanchanina Ball wonders if Eagles fans might be in the mood to celebrate the 50th anniversary of that day when fans threw snowballs at Santa.

SANCHANINA BALL: So they going to do it again…

MAJOR: (Laughter).

BALL: …At the stadium? (Laughter).

BRADY: I don’t think that’s the plan. Jeff Brady, NPR News, Philadelphia.

But you’re fun.

BALL: Thank you, you too (laughter).

Copyright © 2018 NPR. All rights reserved. Visit our website terms of use and permissions pages at www.npr.org for further information.

NPR transcripts are created on a rush deadline by Verb8tm, Inc., an NPR contractor, and produced using a proprietary transcription process developed with NPR. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.

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Ruling Backs States Opposed To Obamacare; White House Expects Appeal

A Texas judge on Friday said that the Affordable Care Act is unconstitutional — a ruling likely to be appealed and to make its way up to the Supreme Court.



SCOTT SIMON, HOST:

Another effort to repeal the Affordable Care Act gained steam last night. A federal judge in Texas ruled that the law is unconstitutional. We’re joined now by NPR’s health policy correspondent, Alison Kodjak. Alison, thanks so much for coming in.

ALISON KODJAK, BYLINE: Thanks for having me, Scott.

SIMON: This decision was received last night. What’s it say?

KODJAK: Well, it’s a pretty sweeping decision, actually. This judge ruled that the entire Affordable Care Act, which famously ran more than a thousand pages long, was unconstitutional. The case was brought by 18 Republican attorneys general, and it was led by Texas AG Ken Paxton.

And, you know, in 2015, the Supreme Court ruled the Affordable Care Act is constitutional by calling the penalty for not having insurance a tax. And Congress has the power to tax people. So these attorneys general come in, and they argued that since Congress eliminated that tax penalty, the law can no longer stand. And that’s what the judge agreed to last night. And he took that argument, and he struck down the entire law.

Now, it’s going to be appealed.

SIMON: Yeah.

KODJAK: The attorney general of California’s already said so.

SIMON: Any immediate effect on anyone’s health care?

KODJAK: Well, it’s unclear. But at least the Department of Health and Human Services is saying that the Affordable Care Act will stand as this works its way through courts. And the funny thing is today is the final day for…

SIMON: Yes.

KODJAK: …Open enrollment for next year for people to get insurance. And on the website healthcare.gov, there’s actually a banner that says, this decision doesn’t change open enrollment for now.

SIMON: What about political repercussions?

KODJAK: And that’s a more complicated thing.

SIMON: Yeah.

KODJAK: So we just had midterm elections, as you know, and people really said health care is an important issue to them. And, you know, that’s not a surprise. But lots of Republicans were running ads during this midterm, saying that they were the ones who are going to protect people’s health care and, specifically, protect people with pre-existing conditions, which is one of those more sensitive issues around the Affordable Care Act. People want to make sure that if they’re sick, they can get insurance.

But in this lawsuit, these Republican attorneys general specifically argue that the pre-existing condition protections had to be struck down when that mandate went away. So now you have Republicans sort of trying to play both sides, which is going to be difficult.

And then there’s one other point that, you know, I think a lawyer made to me last night. Congress, in 2017, voted multiple times on whether to repeal the Affordable Care Act, and they didn’t do it. And now this judge has gone in and done it by himself. And one lawyer called this a breathtaking act of judicial activism.

SIMON: In the end, if the Affordable Care Act goes away, if it’s abolished, what can we expect to happen?

KODJAK: It will be – the repercussions will, you know, be far and wide. As I said, the law has more than a thousand pages. It touches every part of the health care system. So it’s not just these marketplaces that we talk about most of the time.

The most immediate impact is Medicaid expansion. More than 10 million people have gotten health care because states have expanded Medicaid to a larger population. The law guarantees that people up to age 26 can get insurance through their parents. That’s popular – that would go away. Again, the pre-existing condition protections – insurance companies have to give people coverage for their existing health problems.

But then, it also controls what Medicare pays doctors. It authorizes the Indian Health Service. It determines whether companies have to make accommodations for breastfeeding mothers. It makes chain restaurants put calorie counts on their menus. I mean, it’s everywhere.

SIMON: Yeah. Well, I mean, a lot of things have changed in American life.

KODJAK: Yeah.

SIMON: And that was the idea of the legislation. There are Americans who have changed their jobs. There are Americans who’ve changed what they do in life…

KODJAK: Yeah. If this just goes away…

SIMON: …To be able to get health care.

KODJAK: …It would wreak havoc across the country in many ways.

SIMON: NPR’s Alison Kodjak, thanks so much for being with us.

KODJAK: Thank you, Scott.

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