Posted on 01/28/2015 2:04:31 PM PST by SeekAndFind
Democrats OWN PPACA. It's 100% theirs.
This article is full of BS.
drivel
the upside for the many far out weighs the downside for a very few
Who says SCOTUS has to be consistent in their “interpretations”? If they decide it isn’t “fair”, they will find a legally justify it.
It’s all about how the questions are framed.
Well, we’ll find out in June how the Supremes rule on the case.
Make that “a way to legally justify it”.
You are about 75% right about all this.
But the 25% you didn’t mention is a killer.
1) Yes, it is anathema to the GOP to wind up supporting subsidies.
2) Yes, the states without exchanges could create them and solve the problem, but as the article mentions, this would hurt the lower tier GOP at the state level.
3) The big kicker for the 25% is this is not just about polling and people wanting free stuff. This is also a major Constitutional issue re: equal protection. States who DID create exchanges will get subsidies to their voters. States without will not and this is not going to be allowed. An instant lawsuit under the equal protection law will certainly pass all levels of courts.
This is somewhat the GOP’s way out. They will be forced Constitutionally to restore subsidies. The state level would be best. Or squirm around it by saying the Constitution requires equal protection so the subsidies will be extended to all states temporarily.
The Constitutional requirement is how they will avoid the wrath of the right wing.
We’ll have to see the court decision, but it may make the individual mandate invalid in federal exchange states. These states could allow for the creation of non-conforming plans or people could go without insurance. This would be a good deal for most people because most 0-care policies have high deductibles.
Are you insane?
“Millions of people are going to be affected if the Supremes rule against Obamacare in June as is widely anticipated. I think the polls reflect the realization that many if not most of these millions will not be able to afford their Obamacare Health Care Plan and will drop it. A disaster for them and for the Insurance Industry.”
A good analysis on your part; however, do you really think the average citizen understands all the facts outlined in your post? I don’t. That’s why I believe that this poll is made-up garbage.
Some think so, but Equal Protection and the Commerce Clause is pretty powerful stuff. You know damn well a lawsuit will be filed under that aspect and will fly through the courts.
They are going to do extensions to buy time or they are going to provoke a Constitutional crisis when the USSC orders the subsidies to all and they in some way refuse.
Well then that 64% can elect a socialist Congress.
There is no equal protection question. Equal protection means equal application of the law, not that a law must treat every class of person in the same manner.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
That’s the Equal Protection clause. And that’s why states without exchanges will somehow have to get subsidies to their citizens, equivalent to subsidies rec’d by other US citizens in other states.
++++
“My guess is that SCOTUS will rule that excluding people who buy from the federal exchange from getting subsidies violates the equal protection clause of the 14th amendment.” ******************************************************************************************************
You do realize that there exist NUMEROUS federal statutes that provide subsidies and benefits to a state’s residents IF the state takes certain action - and precludes those benefits if the state does NOT take the specified action. These statutes and rules have existed for decades without equal protection being effectively raised as an issue.
The incentives in the Affordable Care Act to “incentivize” the states to set up their own exchanges are just one more of this type of statute.
++++
This sounds correct to me. What say you?
No I don't. But I believe the Pollsters explained it when the poll was taken. You are certainly right that this issue is not on the front burner of the American public or are they likely to really understand the issue.
But I think they will if the Supremes rule as expected. It will be big news. The Left and MSM will go crazy.
Democrats OWN PPACA. It’s 100% theirs.
PPACA is not a state law.
That will be the reason they won’t vote to repeal. They’ll claim they do not have a replacement.
“...This sounds correct to me. What say you?”
*****************************************************************************************************
It not only sounds correct, it IS correct. There is a similar incentive “trap” going on now related to Medicaid. Some states have fallen into the trap and others haven’t. Specifically it the state agrees to expand its Medicaid eligibility to certain new categories of individuals, the feds will cover a large (90%?) of the costs for several years after which the fed cost coverage will phase out but the state would be required to continue the coverage with its own funds. Many states have not fallen into this honey trap and thus their citizens in the new categories can NOT get Medicaid in their state whereas residents of the states that HAVE fallen into the honey trap CAN get Medicaid. Depending upon which state you reside in you may or may not be eligible for Medicaid. THERE IS NO “EQUAL PROTECTION” ISSUE WITH THIS DISPARITY IN TREATMENT. All individuals in the “new categories” can get Medicaid IF, AND ONLY IF, they decide to reside in a CONFORMING STATE. Those states are, of course, merely accelerating their rush into insolvency.
AND THE SAME PRINCIPLE APPLIES TO OBAMACARE SUBSIDY ELIGIBILITY (AND OBAMACARE PENALTIES) - THEY DEPEND UPON WHETHER THE GIVEN STATE HAS ESTABLISHED A STATE EXCHANGE.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.