CONGRESSMAN RUBÉN HINOJOSA APPLAUDS SUPREME COURT’S UPHOLDING OF AFFORDABLE CARE ACT AND HOUSING LAW

Supreme Court Upholds ACA and ‘Disparate-Impact’ Doctrine in Housing Law (link is external)

Washington, D.C. – June 26, 2015 – (RealEstateRama) — Congressman Rubén Hinojosa, along with many of his colleagues who supported President Obama’s plan for the Affordable Care Act were thankful that the U.S. Supreme Court upheld a key provision of the Affordable Care Act agreeing with President Obama’s administration that government subsidies that make health insurance affordable for millions of Americans should be available to all.

In a 6 to 3 vote, the highest court in the country affirmed an Internal Revenue Service ruling that health insurance subsidies are properly available in states that have set up their own health insurance exchanges, as well as in states where consumers rely on federally run exchanges.

“Today we are very thankful that the highest court in our nation reaffirmed that Americans, no matter where they live in this country, still have the right to access quality, affordable health insurance. For more than half a century, President after President has attempted to pass laws that would make health care more affordable and accessible for Americans. Each time, those attempts were shot down by Congress. It was only after the leadership of President Obama that Congress passed the Affordable Care Act in 2010. For too long we have been battling Republicans who have wanted to eliminate the Affordable Care Act but now, the U.S. Supreme Court has ruled the ACA will stand as the law of the land.”

“According to “Enroll America”, before the ACA was made law, Hidalgo County alone had a 37% of its population uninsured for health care. After the implementation of the ACA, that percentage dropped to 24%, and those uninsured families of the other seven counties in my district dropped considerably as well. My staff in my Edinburg office and staff have worked alongside of me and certified navigators to help inform the constituents of the 15th Congressional District of Texas of all of the advantages the ACA offers to those who need health care insurance.”

“The Affordable Care Act includes important tax credits for eligible Americans, including those purchasing coverage in the federal Marketplace. This is a big step in the right direction for all Americans who need and deserve health care insurance. We look forward to continuing to work in Congress, with President Obama’s Administration and other stakeholders, to ensure robust implementation of the law so we can finally move forward with all the ACA has to offer millions of Americans.”

The U.S. Supreme Court also ruled 5 to 4 saying people who file housing-discrimination suits don’t have to show they were victims of intentional bias. The court said plaintiffs can base their suits on statistical evidence that a disputed policy has a “disparate impact” on a minority group. Disparate impact means the adverse effect of a practice or standard that is neutral and non-discriminatory in its intention but, nonetheless, disproportionately affects individuals having a disability or belonging to a particular group based on their age, ethnicity, race, or sex. This ruling is important because families or individuals who have been turned away discriminately now do not have the burden of proof to show bias. They need only show statistics in numbers. This case stems from a lawsuit in Texas in which officials were sued under the 1968 Fair Housing Act over tax credits for low-income building projects.

“The Supreme Court’s decision today is an important one because it affirms that claims can be brought under the FHA to challenge policies or practices that have a “disparate impact” on minorities or other protected classes without the need to prove an intent or motive to discriminate. This is in many cases an almost impossible burden to prove. Today’s ruling by the Supreme Court enhances our civil rights by ensuring that housing policies and practices in this country and in the 15th Congressional District of Texas that disproportionately and negatively affect our minority communities are prohibited.”