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Opening Paragraph of Texas District Judge Opinion on Obamacare, Link
Gun Watch ^
| 16 December, 2018
| Dean Weingarten
Posted on 12/15/2018 9:22:42 AM PST by marktwain
The case is Texas, et al., v. United States of America, et al., Defendants, California, et al. Intervenors-Defendants. Case 4:18-cv-00167-O
Here is the actual decision where Judge O'Conner, of the Northern District Court of Texas, has ruled that Obamacare is unconstitutional because the Supreme Court ruled it was only Constitutional because the individual mandate was a tax.
That tax was removed by Congress during the first year of the Trump administration.
From courtlistener.com:
The United States healthcare system touches millions of lives in a daily and deeply personal way. Health-insurance policy is therefore a politically charged affairinflaming emotions and testing civility. But Article III courts, the Supreme Court has confirmed, are not tasked with, nor are they suited to, policymaking.1 Instead, courts resolve discrete cases and controversies. And sometimes, a court must determine whether the Constitution grants Congress the power it asserts and what results if it does not. If a party shows that a policymaker exceeded the authority granted it by the Constitution, the fruit of that unauthorized action cannot stand.
The decision is 55 pages long. I have not converted it into text, because it is in some kind of pdf format, which makes it difficult to convert.
Some on freerepublic have offered methods that worked for them. Unfortunately, I have lost those helpful posts.
Any suggestions and methods would be appreciated.
Here is the link to the decision.
©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
TOPICS: Government; Politics; Society
KEYWORDS: constitution; court; obamacare; unconstitutional
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To: DAC21
I was mistaken. There is no requirement for a budget, as such, in the Constitution.
21
posted on
12/15/2018 7:56:44 PM PST
by
marktwain
(President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
To: marktwain
In short, the Supreme Court held the Individual Mandate was beyond Congresss Interstate Commerce Power but salvageable under its Tax Power. The decision was highly splintered and warrants explanation.
On the SC's decision upholding ObamaCare. Nice.
To: marktwain
IV. ANALYSIS The Courts analysis involves three separate inquiries and conclusions. First, the Court finds the Parties satisfy the applicable standing requirements. Second, the Court finds the Individual Mandate can no longer be fairly read as an exercise of Congresss Tax Power and is still impermissible under the Interstate Commerce Clausemeaning the Individual Mandate is unconstitutional. Third, the Court finds the Individual Mandate is essential to and inseverable from the remainder of the ACA.
Side note, download Foxit Reader. It has a simple text select tool, just like copying text from Word or webpages. I would think Adobe would have one too, but theirs might be the paid version only.
To: Svartalfiar
I imagine any PDF reader would do that. This one is probably a scanned image, or some special non-selectable text attribute.
24
posted on
12/17/2018 6:55:57 PM PST
by
Still Thinking
(Freedom is NOT a loophole!)
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