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Obamacare ruled unconstitutional by Texas judge

Anthony60

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Obamacare ruled unconstitutional by Texas judge
https://www.foxnews.com/politics/obamacare-ruled-unconstitutional-by-texas-judge

The Affordable Care Act, also known as Obamacare, was struck down by a Texas judge on Friday, a move that could suddenly disrupt the health insurance status of millions of Americans. The decision comes amid a six-week open enrollment period for the program.

We knew this from day 1.
 

Amelia

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And Trump tweets: "As I predicted all along, Obamacare has been struck down as an UNCONSTITUTIONAL disaster! Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions. Mitch and Nancy, get it done!"


What does he mean by that?

Republicans don't have any ideas for providing "GREAT healthcare" and protecting pre-existing conditions.

They fractured the law by undoing the mandate and now we're going to have chaos, and they have no viable ideas for how to fix it.
 

distraff

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Obamacare ruled unconstitutional by Texas judge
https://www.foxnews.com/politics/obamacare-ruled-unconstitutional-by-texas-judge

The Affordable Care Act, also known as Obamacare, was struck down by a Texas judge on Friday, a move that could suddenly disrupt the health insurance status of millions of Americans. The decision comes amid a six-week open enrollment period for the program.

We knew this from day 1.

I personally agree with Justice Roberts that the fine in the Individual Mandate works as a tax, and I myself paid that fine/tax myself last year. It was just added to my April 15th bill. Also, the individual mandate has already been repealed by congress a few months ago, while the rest of the law has been kept in tact, so I don't see how striking down the mandate hurts the law any more than currently.

Personally, I am not a big fan of Obamacare, and while it is somewhat better than before, it didn't come close to fixing our healthcare system at all. If Obamacare is struck down, this will create such a political crisis with millions becoming uninsured and the loss of pre-existing conditions protections. I don't even know if congress can get a compromise together. I think this crisis will result in a Medicare for All solution to emerge in the early 2020s.
 

TurtleDude

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And Trump tweets: "As I predicted all along, Obamacare has been struck down as an UNCONSTITUTIONAL disaster! Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions. Mitch and Nancy, get it done!"


What does he mean by that?

Republicans don't have any ideas for providing "GREAT healthcare" and protecting pre-existing conditions.

They fractured the law by undoing the mandate and now we're going to have chaos, and they have no viable ideas for how to fix it.

do you think the GOP should have solutions for an issue that the federal government should not properly be involved in?
 

MovingPictures

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And Trump tweets: "As I predicted all along, Obamacare has been struck down as an UNCONSTITUTIONAL disaster! Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions. Mitch and Nancy, get it done!"


What does he mean by that?

Republicans don't have any ideas for providing "GREAT healthcare" and protecting pre-existing conditions.

They fractured the law by undoing the mandate and now we're going to have chaos, and they have no viable ideas for how to fix it.
I LIKE TO TALK IN ALL CAPS!!!

He's such a ****ing imbecile and so are his fanboys that swing form his nutsack.
 

Amelia

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do you think the GOP should have solutions for an issue that the federal government should not properly be involved in?

Talk to Trump. He's the one telling McConnell and Pelosi to come up with a solution for what he and McConnell sabotaged.
 

TurtleDude

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Talk to Trump. He's the one telling McConnell and Pelosi to come up with a solution for what he and McConnell sabotaged.

that's not the point I was making. the only reason why Obamacare was not declared unconstitutional was because CJ Roberts deemed it to be a TAX even though the Obama attorneys denied that. Now that the tax aspect is gone, is there a constitutional basis for the AHCA to remain standing?
 

trixare4kids

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Amelia

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that's not the point I was making. the only reason why Obamacare was not declared unconstitutional was because CJ Roberts deemed it to be a TAX even though the Obama attorneys denied that. Now that the tax aspect is gone, is there a constitutional basis for the AHCA to remain standing?

Whatever.

The tax aspect is gone because Trump and the GOP killed it, without regard for how much harm they were doing. And now, in response to the harm Trump and the GOP did, Trump is telling Congress to come up with a way to fix what he broke.

And they have no viable ideas for how to fix it.


Trump wanted the "win" of ending Obamacare. But he doesn't want the consequences of ending Obamacare. So he's telling Congress to do what you think Congress shouldn't be doing.
 

OpportunityCost

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And Trump tweets: "As I predicted all along, Obamacare has been struck down as an UNCONSTITUTIONAL disaster! Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions. Mitch and Nancy, get it done!"


What does he mean by that?

Republicans don't have any ideas for providing "GREAT healthcare" and protecting pre-existing conditions.

They fractured the law by undoing the mandate and now we're going to have chaos, and they have no viable ideas for how to fix it.

They had no say in passing the law, they had no say in crafting the law. Why should they have all the solutions to a problem they didn't create, craft, or pass?
 

TurtleDude

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Whatever.

The tax aspect is gone because Trump and the GOP killed it, without regard for how much harm they were doing. And now, in response to the harm Trump and the GOP did, Trump is telling Congress to come up with a way to fix what he broke.

And they have no viable ideas for how to fix it.


Trump wanted the "win" of ending Obamacare. But he doesn't want the consequences of ending Obamacare. So he's telling Congress to do what you think Congress shouldn't be doing.

I don't speak for Trump nor do I agree with all he does. I note that its dangerous grounds for politicians to end programs that people have become reliant upon even if these programs never should have been implemented in the first place
 

Phys251

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SCOTUS has already ruled it's just fine. This activist judge's decision will be overturned.
 

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SCOTUS has already ruled it's just fine. This activist judge's decision will be overturned.

SCOTUS ruled it was fine when there was a mandate to pay for the costs of requiring that preexisting conditions be covered in an affordable manner.

With the mandate gone, it blows the thing up.

The judge is reasonable to call the rest of the law non-severable from the mandate.
 

TurtleDude

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SCOTUS has already ruled it's just fine. This activist judge's decision will be overturned.

That was before the fine/penalty section disappeared-different law-its no longer a "tax"
 

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I don't understand the logic of ruling an entire law unconstitutional because a small part of it (Individual Mandate) was legislatively deleted last year?

Anyone can explain this?
 

trouble13

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And Trump tweets: "As I predicted all along, Obamacare has been struck down as an UNCONSTITUTIONAL disaster! Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions. Mitch and Nancy, get it done!"


What does he mean by that?

Republicans don't have any ideas for providing "GREAT healthcare" and protecting pre-existing conditions.

They fractured the law by undoing the mandate and now we're going to have chaos, and they have no viable ideas for how to fix it.
Democrats broke healthcare when they unanimously passed Obamacare. Dems need to stop demanding Republicans fix their monumental F-up and repair what they broke.

Sent from my SM-G965U using Tapatalk
 
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SLC

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My wife was a Federal Court reporter and has worked for judge O'Connor and she said he is a solid jurist and said his decision is likely very solid. This will be appeal to the 5th and its any ones guess what they will do with the case. From there it would go to the SCOTUS. So this ain't over yet.
 

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I don't understand the logic of ruling an entire law unconstitutional because a small part of it (Individual Mandate) was legislatively deleted last year?

Anyone can explain this?


It wasn't a small part of it.

For insurance companies to be able to afford the requirements placed upon them by the ACA, people need to be buying insurance all along, or they need to pay the penalty for not buying insurance all along but being allowed to jump into relatively inexpensive coverage months after they get an expensive diagnosis.
 
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Hawkeye10

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Democrats broke healthcare when they unamiondly passed Obamacare. Dems need to stop demanding Republicans fix their monumental F-up and repair what they broke.

Sent from my SM-G965U using Tapatalk
It was broke a few decades before that but sure, that was sure some "We don't give a **** about best practices" move right there...
 

Common Sense 1

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And Trump tweets: "As I predicted all along, Obamacare has been struck down as an UNCONSTITUTIONAL disaster! Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions. Mitch and Nancy, get it done!"


What does he mean by that?

Republicans don't have any ideas for providing "GREAT healthcare" and protecting pre-existing conditions.

They fractured the law by undoing the mandate and now we're going to have chaos, and they have no viable ideas for how to fix it.

Not one republican voted for this mess.... called Obamacare. What a grand legacy for Obama.
 

Amelia

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Not one republican voted for this mess.... called Obamacare. What a grand legacy for Obama.

Yeah, it was a bad law, done in a bad manner. And Obama and Democrats payed dearly for it.

But it WAS the law. And a lot of people came to depend on it. And Trump and the GOP broke it. And now Trump does not want to pay the consequences for killing the mandate, so he's ordering Congress to come up with basically another Obamacare.
 

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I don't understand the logic of ruling an entire law unconstitutional because a small part of it (Individual Mandate) was legislatively deleted last year?


Anyone can explain this?
Because the SCOTUS ruled Obamacare legal because it was consider a tax because the Individual Mandate now that is gone judge O'Connor thinks the law is unconstitutional.

https://www.vox.com/policy-and-politics/2018/6/8/17441512/obamacare-lawsuit-texas-trump

.

Roberts had said that Congress could not order people to buy insurance, but that it could impose a tax penalty on them for not having insurance, which allowed the mandate and the rest of the law to stand and take effect. Without the financial penalty, repealed in the tax bill, the Republican-led states argued the requirement to buy insurance cannot legally stand. Because the mandate is so crucial to Obamacare, they continued, the whole law should be found unconstitutional too.
 

Sunsettommy

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Because the SCOTUS ruled Obamacare legal because it was consider a tax because the Individual Mandate now that is gone judge O'Connor thinks the law is unconstitutional.

https://www.vox.com/policy-and-politics/2018/6/8/17441512/obamacare-lawsuit-texas-trump

.

Already understood this, but the problem is that the Mandate part being removed doesn't actually prevent you from still using ACA. Amelia's reply was coming from a FINANCIAL point of view which still doesn't seem to address its constitutionality base either since anyone can STILL use ACA for their health coverage as it has been for many months since the Mandate was deleted by Congress about a year ago.


Here is what Fortune Magazine have to say on this change in December 2017:

"For starters: Contrary to a statement that President Trump made Wednesday, nixing Obamacare’s individual mandate does not mean that Obamacare has been repealed in the GOP tax bill. The individual mandate, which requires most Americans (other than those who qualify for a hardship exemption) to carry a minimum level of health coverage, is actually still in effect for 2018—meaning that you may have to pay a steep tax fine if you don’t have health insurance, for one thing. And even after the individual mandate repeal goes into effect the following year, Obamacare’s individual insurance markets, federal subsidies to help Americans pay monthly insurance premiums, and Medicaid expansion in the dozens of states that implemented it will all still be in effect barring further Congressional action."

LINK


ACA was still alive and running to this day. My two daughters are still on it, while I got shifted to Medicare due to eligibility change.
 
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Sunsettommy

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Because the SCOTUS ruled Obamacare legal because it was consider a tax because the Individual Mandate now that is gone judge O'Connor thinks the law is unconstitutional.

https://www.vox.com/policy-and-politics/2018/6/8/17441512/obamacare-lawsuit-texas-trump

.

Here is a point that needs to be seriously considered since Congress left the rest of ACA in place meaning it is still LAW to this day, all that is missing is the individual mandate.


From YOUR link:

There is a certain superficial logic to Texas’s case: Roberts upheld the mandate as a tax in 2012; the mandate “tax” no longer exists after the Republican tax bill was passed; ergo, the mandate can no longer be considered constitutional as a tax.
But I spoke with both a liberal and a libertarian legal scholar on Friday who said that as a matter of law, that argument is “absurd” and “ludicrous.”

The whole case turns on the complicated legal concept of “severability”: If one provision in a law is invalidated by a court, can the rest of it stand without it? Texas is arguing that the individual mandate is so central to Obamacare that if it is unconstitutional, then the rest of the law is too.

Courts usually decide that question by looking at Congress’s intent — and that’s where the conservative case falls apart.

It is actually quite simple, legal scholars say: Congress passed a law, the tax legislation, repealing the individual mandate and leaving the insurance protections in place. So, clearly, Congress intended in the tax bill to eliminate the mandate penalty while keeping the ACA’s insurance reforms. That is exactly what the tax law they just passed does.

“It is ludicrous to argue Congress intended that those two provisions can’t stand without the mandate. Congress passed a statute doing precisely that,” Abbe Gluck, a Yale University law professor who has followed Obamacare litigation for years, told me Friday. “Congress itself is the one who took the mandate out. They clearly thought it was okay to take out the mandate and leave those two provisions standing.”

She isn’t the only one who thinks so. Jonathan Adler, a libertarian legal scholar who has supported prior legal challenges to Obamacare, shared the same view....


bolding mine

Now you understand why I think this ruling is illogical?
 

Amelia

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Already understood this, but the problem is that the Mandate part being removed doesn't actually prevent you from still using ACA. Amelia's reply was coming from a FINANCIAL point of view which still doesn't seem to address its constitutionality base either since anyone can STILL use ACA for their health coverage as it has been for many months since the Mandate was deleted by Congress about a year ago.


Here is what Fortune Magazine have to say on this change in December 2017:

"For starters: Contrary to a statement that President Trump made Wednesday, nixing Obamacare’s individual mandate does not mean that Obamacare has been repealed in the GOP tax bill. The individual mandate, which requires most Americans (other than those who qualify for a hardship exemption) to carry a minimum level of health coverage, is actually still in effect for 2018—meaning that you may have to pay a steep tax fine if you don’t have health insurance, for one thing. And even after the individual mandate repeal goes into effect the following year, Obamacare’s individual insurance markets, federal subsidies to help Americans pay monthly insurance premiums, and Medicaid expansion in the dozens of states that implemented it will all still be in effect barring further Congressional action."

LINK


ACA was still alive and running to this day. My two daughters are still on it, while I got shifted to Medicare due to eligibility change.


Hmmm ... maybe it isn't open and shut. Either way.

Maybe John Roberts will come up with another creative way to save it, because he has a vested interest in it since he finessed it through almost singlehandedly the first time.

Or maybe he'll put more importance on his fatuous remark about how if the people don't like it they can vote in some politicians who will get rid of it ... and he can say, "The people have spoken and they've sentenced the ACA to death."
 
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