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Federal judge in Texas strikes down Affordable Care Act.
NBC News ^ | 12/14/2018 | By David K. Li

Posted on 12/15/2018 4:53:09 AM PST by Carriage Hill

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To: bert
With the mandate gone, the rest is unconstitutional as judged by those in the original court minority ruling.

Yes, that is the logic.

Will five Supreme Court justices uphold that logic?

I have no faith in Kagan, Ginsberg, Sotomeyer, or Breyer.

Those four vote as a Progressive block. Their philosophy seems to be: the Constitution is whatever we say it is at the time.

Their ruling depends on how you can frame the argument so that it favors some particular group they consider oppressed. (or more cynically, favors the Left, generally)

I think Thomas, Gorsuch, and Alito are solid.

Roberts and Kavanaugh claim to be originalists and texualists, but Roberts has seemed somewhat unreliable.

Kavanaugh is too early to have a record on the Supreme Court, though his time in the D.C. circuit looks good.

21 posted on 12/15/2018 5:38:44 AM PST by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: ncalburt
WHO is appealing it ?

A mutual poster from an earlier thread tells US that California and 'other' States will appeal. How can anyone not a party in this suit appeal this ruling?

22 posted on 12/15/2018 5:39:39 AM PST by BlackbirdSST (Is it time Claire?)
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To: NEBO

Thank you for posting that information.


23 posted on 12/15/2018 5:57:50 AM PST by Rusty0604
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To: ncalburt

Per pmsNBC: “...a coalition of Republican-leaning states, led by Texas,...”


24 posted on 12/15/2018 6:04:06 AM PST by Carriage Hill (A society grows great when old men plant trees, in whose shade they know they will never sit.)
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To: marktwain

I just hope we’re not surprised by Kavanaugh, like we were by Roberts etc.


25 posted on 12/15/2018 6:05:12 AM PST by Carriage Hill (A society grows great when old men plant trees, in whose shade they know they will never sit.)
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To: Cowboy Bob

Per pmsNBC: “...a coalition of Republican-leaning states, led by Texas,...”


26 posted on 12/15/2018 6:07:57 AM PST by Carriage Hill (A society grows great when old men plant trees, in whose shade they know they will never sit.)
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To: carriage_hill

If members of SCOTUS were all to be honest, and were to make decisions based solely on constitutionality, ALL 9 OF THEM would have to rule Obamacare as unconstitutional. But, they don’t always follow the law, and many of their decisions are based on their politics and emotions, and sometimes on which direction the wind blows.


27 posted on 12/15/2018 6:21:54 AM PST by adorno
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To: carriage_hill
Texas court says the ACA, also known as Obamacare, can no longer stand without the penalty against the uninsured.

If I'm reading this right, the Texas court is not striking down Obamacare in general. Rather, the Texas court is saying that the "penalty against the uninsured" must be reinstated to make Obamacare legal. This is a pro-ACA move by the Texas court.

We know where Roberts stands on the ACA seeing he paved the way for its becoming the law of the land.

Kavanaugh had opportunity to show conservative and Christian bona fides and failed miserably. His recent pro-Planned Parenthood vote was a huge disappointment and a reflection of the man's lack of conviction and veracity.

"So because you are lukewarm—neither hot nor cold—I am about to vomit you out of My mouth!" - Jesus.

28 posted on 12/15/2018 6:28:40 AM PST by JesusIsLord
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To: adorno

All too true.


29 posted on 12/15/2018 6:30:57 AM PST by Carriage Hill (A society grows great when old men plant trees, in whose shade they know they will never sit.)
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To: JesusIsLord

“If I’m reading this right, the Texas court is not striking down Obamacare in general. Rather, the Texas court is saying that the “penalty against the uninsured” must be reinstated to make Obamacare legal. This is a pro-ACA move by the Texas court.”

That’s the way I’m reading it.


30 posted on 12/15/2018 6:32:38 AM PST by Carriage Hill (A society grows great when old men plant trees, in whose shade they know they will never sit.)
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To: marktwain

Aren’t Roberts’ kids grown by now? If so, he can’t be blackmailed again.


31 posted on 12/15/2018 6:35:08 AM PST by PJ-Comix (I am eating my way to weight loss. Pass the lox!)
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To: marktwain

Who will appeal? Tge defendants who lost. There are 14 states who joined the lawsuit as defendants against the 20 states who were plaintiffs.


32 posted on 12/15/2018 6:35:08 AM PST by Buckeye Battle Cry (Progressivism is socialism. Venezuela is how it ends.)
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To: ncalburt

That is my first thought. Who would have standing for an appeal?


33 posted on 12/15/2018 7:58:58 AM PST by SubMareener (Save us from Quarterly Freepathons! Become a MONTHLY DONOR)
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To: carriage_hill

Consider the ramifications of OCare being erased. No more mandate keeping children on until 26. No more mandated luxury insurance policies. No more 29 hour work week threshold. No more employer mandates for companies of a certain size. No more exchanges. No more limiting of options.

Enjoy this moment while it lasts.


34 posted on 12/15/2018 8:00:16 AM PST by lurk
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To: carriage_hill

“But the White House said that with the ruling expected to be appealed to the U.S. Supreme Court, the law will remain in place for now.”

Wait a minute here. How come every time a federal judge strikes down some Trump action, the ruling takes immediate effect? But when a judge strikes down a Dem law, the ruling has no immediate effect?

Also, with all respect to “the White House”, I don’t think the President gets to decide that a law will remain in place. The Congress is supposed to write the laws.


35 posted on 12/15/2018 8:51:52 AM PST by mtrott
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To: lurk

I think you’re right. SCOTUS will ultimately uphold it.


36 posted on 12/15/2018 8:51:55 AM PST by Carriage Hill (A society grows great when old men plant trees, in whose shade they know they will never sit.)
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To: mtrott

+.


37 posted on 12/15/2018 8:52:53 AM PST by mad_as_he$$
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To: mtrott

The short answer is:

We are being played homie.


38 posted on 12/15/2018 8:53:19 AM PST by Leep (we need a Trump like leader for President 2024!)
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To: carriage_hill

Even if its reversed, it is too late to help me. The last two years I worked before I retired had Obamacare wrecking havoc with my expenses, savings and taxes. I’ll never get that money back.


39 posted on 12/15/2018 8:53:26 AM PST by vetvetdoug
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To: marktwain

“Kavanaugh showed some spine in the confirmation hearings.”

He showed no spine in defunding Planned Parenthood.


40 posted on 12/15/2018 9:07:45 AM PST by aquila48
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