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Obamacare Had Another Bad Day In Court. That’s Pretty Alarming.
Huffpost ^ | 7/10/19 | Jonathan Cone

Posted on 07/10/2019 1:03:27 PM PDT by DoodleDawg

A legal challenge to the Affordable Care Act went before a panel of three federal judges on Tuesday and got a credulous, sympathetic-sounding hearing from the two judges who were appointed by Republicans.

Yes, it’s happening again.

This latest lawsuit, which comes from GOP state officials and has support from President Donald Trump, is the third major attack on the law’s constitutionality. In the past two cases, Republican conservatives and allies have won key battles in the lower courts ― only to have the Supreme Court stymie them and leave most of the Affordable Care Act, which is now commonly known as “Obamacare,” standing.

That same scenario could play out again. Even if the panel from the 5th U.S. Circuit Court of Appeals rules against the Affordable Care Act, the Supreme Court could easily uphold the law on appeal.

(Excerpt) Read more at huffpost.com ...


TOPICS: News/Current Events
KEYWORDS: 0carenightmare; healthcare; judiciary; obamacare; scotus
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Regardless of how the 5th Circuit rules this is headed for the Supreme Court. If they decline to take it up then Obamacare could be dead as early as this fall. If the Supreme Court does take it up, and that is the most likely scenario, then they will issue their ruling in June 2020, five months before the election. And while the author says that the Supreme Court could easily uphold Obamacare again they could just as easily side with the plaintiffs this time.

So if in June 2020 the Supreme Court kills Obamacare, ends the insurance coverage, ends the pre-existing condition coverage, ends the coverage for dependents and the ban on coverage caps and all the rest, then what do the Republicans do to avoid this being THE major issue of the 2020 election?

1 posted on 07/10/2019 1:03:27 PM PDT by DoodleDawg
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To: DoodleDawg

John Roberts in not going allow US to dispose of Obamacare after he went to all the trouble of rewriting it.


2 posted on 07/10/2019 1:06:42 PM PDT by Lurkinanloomin (Natural Born Citizen Means Born Here Of Citizen Parents_Know Islam, No Peace-No Islam, Know Peace)
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To: DoodleDawg

Had the chance to repeal it and the chance was ruined.

Setting the penalty to zero does nothing. Penalty can just as easily be made non zero, which is probably what Roberts would say to keep it alive.


3 posted on 07/10/2019 1:07:16 PM PDT by fruser1
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To: DoodleDawg
Obamacare Had Another Bad Day In Court. That’s Pretty Alarming Excellent!
4 posted on 07/10/2019 1:07:48 PM PDT by kosciusko51
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To: DoodleDawg
No serious expert thinks the case has merit...

Argumentum ad verecundiam - appeal to authority - a logical fallacy. Of course, many many experts believe the case has merit.

5 posted on 07/10/2019 1:08:38 PM PDT by dead (Our next president is going to be sooooo boring.)
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To: DoodleDawg

I’m not sure - am I supposed to be happy about this?

The supreme law-making body of the USA, Congress (who passed Obamacare under very dubious circumstances) now can’t, or won’t, do anything about repealing Obamacare, even when it was controlled by Republicans — so instead, they let the courts engage in formulating the law of the land, and have it slowly pick at the corpse.

Its pathetic.


6 posted on 07/10/2019 1:09:16 PM PDT by PGR88
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To: DoodleDawg

Liberals finally get to see what it feels like. Better get used to it, the pendulum is swinging.


7 posted on 07/10/2019 1:09:23 PM PDT by noiseman (The only thing necessary for the triumph of evil is for good men to do nothing.`)
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To: DoodleDawg

“A legal challenge to the Affordable Care Act went before a panel of three federal judges on Tuesday and got a credulous, sympathetic-sounding hearing from the two judges who were appointed by Republicans.”

Elections have consequences.


8 posted on 07/10/2019 1:14:01 PM PDT by EQAndyBuzz (Trump is President and CEO of America, Inc.)
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To: DoodleDawg

“what do the Republicans do to avoid this being THE major issue of the 2020 election? “

Come up with a plan and articulate in some detail before the election, and try to convince voters it’s the right thing to do...keep their fingers crossed.

Covering people with pre-existing conditions will probably be the part that will be emphasized most.

Honestly, I don’t see how Republicans will be able to turn this in their favor.


9 posted on 07/10/2019 1:14:06 PM PDT by be-baw
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To: fruser1

Had the chance to repeal it and the chance was ruined.


Never had a chance. The GOP donor class loves socialized medicine.


10 posted on 07/10/2019 1:15:34 PM PDT by lodi90
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To: DoodleDawg

The situation has changed drastically.
I don’t see Kagan being casually allowed to not recuse herself in the current climate.

Call it a genuine “climate change.”


11 posted on 07/10/2019 1:20:09 PM PDT by MrEdd (Caveat Emptor)
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To: DoodleDawg

Stop wringing their hands and sobbing about it, for starters. Grow a pair and man up.


12 posted on 07/10/2019 1:20:32 PM PDT by hopespringseternal
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To: DoodleDawg

Cone heads are working for the Huffington Post now?


13 posted on 07/10/2019 1:22:54 PM PDT by Fresh Wind (The Electoral College is the firewall protecting us from massive blue state vote fraud.)
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To: MrEdd

Who is going to make her recuse?
I don’t think the Chief Justice has that power.

I think the system requires some integrity on the part of the justices. So I think we know how that will turn out!


14 posted on 07/10/2019 1:24:07 PM PDT by Reily
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To: DoodleDawg

Healthy low-income people in states which have not expanded Medicaid need realistically priced options.


15 posted on 07/10/2019 1:24:41 PM PDT by Brian Griffin
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To: PGR88
The supreme law-making body of the USA, Congress (who passed Obamacare under very dubious circumstances) now can’t, or won’t, do anything about repealing Obamacare, even when it was controlled by Republicans — so instead, they let the courts engage in formulating the law of the land, and have it slowly pick at the corpse.

I remember when we lived in a representative republic. Those were good times.
16 posted on 07/10/2019 1:25:13 PM PDT by Antoninus ("In Washington, swamp drain you.")
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To: DoodleDawg
...got a credulous, sympathetic-sounding hearing from the two judges who were appointed by Republicans...ah - after watching Obama-appointed judges thwart every move Trump has tried, including incredibly refusing to let the DOJ change legal teams on the Census issue, we're finally getting some support from Trump judges - payback's a b*tch....
17 posted on 07/10/2019 1:25:24 PM PDT by Intolerant in NJ
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To: DoodleDawg

Have all pre-Trump era penalties been refunded/annulled?

If someone paid an unconstitutional penalty and it wasn’t refunded, they would have standing to kill off the PPACA.


18 posted on 07/10/2019 1:27:10 PM PDT by Brian Griffin
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To: be-baw

Trump already has a plan to replace this and fill the gap and he has mentioned it several times.

Do a little research and you will see that he is not prone to take away something like this and not have another plan in placed


19 posted on 07/10/2019 1:29:19 PM PDT by 100American (Knowledge is knowing how, Wisdom is knowing when)
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To: DoodleDawg
got a credulous, sympathetic-sounding hearing from the two judges who were appointed by Republicans

cred·u·lous
[ˈkrejələs]
ADJECTIVE
having or showing too great a readiness to believe things


20 posted on 07/10/2019 1:29:59 PM PDT by Quality_Not_Quantity (A law means nothing if it isnÂ’t followed.)
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