Posted on 12/14/2018 5:14:51 PM PST by springwater13
U.S. District Judge Reed O’Connor agreed with 19 States to declare the Affordable Care Act, (aka Obamacare) Unconstitutional because Congress revoked the tax penalty last year.
(Excerpt) Read more at twitter.com ...
bingo
Good news! Now if they can get it to stick.....
TRump better not sign it.
What is the best way to access health care in the U.S.?
+1
LOL! So True. People keep crossing Trump and then get smashed.
SOB had no grounds to say it was a tax in the first place.
How so. I’m really hoping this ruling stands, but I don’t understand how it can.
It appears he’s using the severability clause—meaning if one part is found illegal it’s all illegal. But that is for the original law. After the law was passed and Roberts said it’s legal because it’s a tax. A different congress passes a new law saying no taxes...and that invalidated the entire thing? I don’t get it.
Roberts will probably argue there is still a tax but it’s $0. So teh tax is still there.
I found my answer:
“The Individual Mandate can no longer be fairly read as an exercise of Congress’s Tax Power and is still impermissible under the Interstate Commerce Clause — meaning the Individual Mandate is unconstitutional,” O’Connor wrote. “The Individual Mandate is essential to and inseverable from the remainder of the ACA.”
“Wow. This is a pretty big deal!”
Missing words?
Great. Trump delivers again.
“An overreaching judge on our side for a change.”
The judge did not overreach. The opinion is perfectly reasoned. The Supreme Court liberals and Roberts ruled that the financial penalty for not purchasing health insurance was a tax. (The liberals and Roberts were incorrect, but this current judge is stuck with having to view the penalty as a tax.) Therefore, assuming it is a tax, then the Supreme Court also ruled that the individual mandate, meaning, the requirement that every individual get health insurance (with some exceptions), was only Constitutional because there was a tax on not getting the insurance. The Federal Government’s taxing power made the individual mandate constitutional, according to the liberals and Roberts. In 2017, the Republicans in Congress reduced the tax to zero, beginning in 2019. Without the tax, there is nothing to provide Constitutional authority for it. (Roberts and the conservatives ruled that the individual mandate could not be justified under the Commerce Clause power.) Now that the individual mandate is unconstitutional (because the tax that justified it has been reduced to zero), the next issue is whether the rest of Obamacare is unconstitutional as well. Because the Congress in 2010 and the Supreme Court have recognized that the individual mandate is an essential part of Obamacare, the rest of Obamacare cannot survive the demise of the individual mandate. A great opinion by this judge, IMHO.
HOORAY U.S. District Judge Reed O’Connor. What will JR and America’s robed mullahs @ USSC do?
#3. Obama has dem Ocasio-Cortez eyes. Could he be....?
#33. Not overreaching. He based his decision on the new situation re Obamacare, with the “tax” provision having been legally abolished by the Congress. That meant that the original bill collapsed because it’s original central support bricks were defective or replaced with something else (i.e. a new law that addressed the old issue of “tax”).
So, what next? Americans were facing deadline this weekend to sign up for plans for January 1. Now, do we sign up? What are our options? There do not appear to be any non-OCA choices. Will companies, can they, offer plans for January 1? Can they do so with all the regulatory red-tape? Bet this becomes topic 1 this weekend. Maybe an appeals court or Supreme Court will stay this until ‘what next’ is figured out? Surely folks are ready for this day?!
Most all health insurance cos sell plans off the exchange, and besides, the exchange plans won’t be affected anyway.
I don’t know if anyone will really lose their insurance but if they do I agree with you.
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