WHO is appealing it ?
Is Trump DOJ appealing it ?
Isn’t Trump over the DOJ ?
Why would Trump allow this ?
I depends on how much spine Roberts and Kavanaugh have.
I think Thomas, Gorsuch, and Alito are solid.
Maybe President Trump will have cloned some spine for Roberts.
Kavanaugh showed some spine in the confirmation hearings.
Well, The Obama administration and the Pelosi progressives said that the mandate to buy health insurance WAS NOT A TAX.
Justice Roberts and the Supremes said that the mandate WAS A TAX and that the taxing authority permitted the congress to impose the mandate.
When President Trump was elected the congress passed a budget which included a provision to stop the IRS from enforcing the mandate (TAX) or collecting information on insurance coverage. The taxing authority was revoked.
Nancy told us we have to pass it to find out what’s in it.
One thing that was not in it was a severability clause which preserves portions of the law if any other portion is struck down. Hence we find ourselves with a non-tax/tax that is unenforceable. Clear as mud.
If my memory serves me, the tax was the pivot point for being constitutional or not during the first time it was reviewed by SCOTUS.
The government cannot force you to buy ANYTHING.
Do we trust Kavanaugh, or is he another Roberts? That would be another low-integrity traitor with something to hide.
Technically it can’t. The entire SCOTUS reasoning in ruling ACA constitutional was categorizing the purchase mandate as a tax which the Constitution allows Congress to do.
There is NO severability clause written in the ACA law (which there probably couldn’t have been and pass SCOTUS muster) for the mandate and the law as a whole so without one the other is not tenable.
It is possible for SCOTUS to use some warped twisted reasoning to uphold ACA but it would need to be tortured beyond comprehension so it is hence unlikely they could without looking ridiculous.
Before ObamaCare you could choose what level of coverage you needed. I paid under $100 a month for our adult son’s policy. It was Catastrophic Care Only. He is young, healthy, rarely ill. After ObamaCare the cheapest policy we could get for him cost $244 a month. At the time he only made about $10K a year and couldn’t afford that.
The things that drove up the cost of Health Insurance were all caused by Obama. You HAD to pay for things you didn’t need if you were a young healthy adult, especially if you were a male.... He only wanted bare minimum coverage, not birth control pills or pediatric care... his policy was for a single man, not a family or wife... He doesn’t need 99% of the things listed here. Doesn’t smoke or drink or use drugs, isn’t perfect, but the only health problems he has had in many years came after his 2 mission trips to Haiti. A skin infection he got there (the place is filthy, he takes his own food when he goes there. Clintons took in MILLIONS for Haiti, but kept 96% of the donations)
This is from gov. website.
https://www.healthcare.gov/coverage/what-marketplace-plans-cover/
Every health plan must cover the following services:
Ambulatory patient services (outpatient care you get without being admitted to a hospital)
Emergency services
Hospitalization (like surgery and overnight stays)
Pregnancy, maternity, and newborn care (both before and after birth)
Mental health and substance use disorder services, including behavioral health treatment (this includes counseling and psychotherapy)
Prescription drugs
Rehabilitative and habilitative services and devices (services and devices to help people with injuries, disabilities, or chronic conditions gain or recover mental and physical skills)
Laboratory services
Preventive and wellness services and chronic disease management
Pediatric services, including oral and vision care (but adult dental and vision coverage aren’t essential health benefits)
Additional benefits
Plans must also include the following benefits:
Birth control coverage
Breastfeeding coverage
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.
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.
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.
“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.
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.