Posted on 03/27/2019 8:20:27 AM PDT by Red Badger
WASHINGTON, DC – The Trump-Barr Department of Justice (DOJ) informed a federal appeals court on Monday that it agrees with Texas and the other states suing over Obamacare that President Donald Trump’s repealing of the individual mandate renders the entire law unconstitutional, and therefore should be struck down in its entirety.
This all turns on the legal doctrine of severability. Much of the time when a statute is unconstitutional it is actually only partially unconstitutional. Typically a court will strike down that part of the law, but sever it from the rest of the statute and uphold the remainder.
Pundits who have never studied or litigated severability will surely show up on television now posing as experts, and criticizing DOJ’s position. But writing as a former law school faculty member who authored the largest academic work on severability doctrine ever published, permit me to describe the argument and why it should be taken seriously.
President Barack Obama signed the Affordable Care Act (ACA) in 2010 when a Democrat-controlled Congress passed that statute without a single Republican vote in either the House or Senate. Various plaintiffs immediately filed suit. In the biggest lawsuit, a majority of states in the nation – along with the National Federation of Independent Businesses (NFIB) and several private individuals – filed suit in Florida, arguing that the ACA was unconstitutional.
The plaintiffs raised multiple constitutional issues. At the heart of the legal challenge is the doctrine of enumerated powers: The Constitution gives the federal government only limited powers, and so every provision of every law Congress passes must be authorized by one of the provisions of Article I, Section 8 of the Constitution.
(Excerpt) Read more at breitbart.com ...
Does that mean I don’t have to pay the penalty for last year’s lack of health insurance? :)
Actually, I just use the 8% rule to avoid it, but it would be nice to not even have to worry about it.
Do It!!
Let it be written, let it be done.
5.56mm
Strike it down.
Well, there should now be a mad scramble.
Only if Trump expands the Court. Or if John Roberts assumes room temperature before this gets to SCOTUS.
Otherwise, 5-4, it survives again as a new tax.
bookmark
The supreme court found it was constitutional after someone got to the chief justice and told him to declare it constitutional or he would be made to pay.
bookmark
ACA was, is and would be completely against the law.
It would be a small step back into reality for this unlawful law to be made null and void.
However,
DC does not care about actual law, it is a beast that does whatever it wants. With great powers, it protects those who conspire on a daily basis, against USConstitution, We-The-Peoples right to lawful government and USAians very life and liberty.
Good. Does this mean we get a refund of our doubled-and sometimes tripled insurance premiums? I know, wishful thinking
I want my $12,000 back...............
Ronald Reagan was right when he said, “Government doesn’t solve problems—it subsidizes them.”
Memorandum
To: Opponents of ObamaCare aka the “ACA.”
From: Reality
Re: One lame arse Chief Justice of the USSC
It ain’t happening. Lil Johnny Roberts has staked his reputation on keeping the ACA alive. He will bend himself into whatever legal pretzel he can to maintain this turkey as law. It’s a tax today, a penalty tomorrow, who cares it’s whatever it needs to be, whatever his majesty Roberts says it is, in the moment.
So let the King of the US (thank you, W Bush) write it, so let it be done.
https://en.m.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Fifth_Circuit
Didn’t these thieves gut a law that they passed and inserted the o’care language, giving the illusion that it passed, when in fact it didn’t?
And is it true that the Senate passed one version of the law and the House a different one? If so, how does that happen? I thought folks from both chambers were supposed to hash out the differences and then vote again.
They ‘DEEMED’ it thru...................
“The Constitution gives the federal government only limited powers, and so every provision of every law Congress passes must be authorized by one of the provisions of Article I, Section 8 of the Constitution.”
That explains why the DEMS are so eager to trash the Constitution.
I would offer your statement as proof that we are not in danger of losing our form of government.
We lost it. We are now trying to get it back.
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