Posted on 09/28/2020 6:23:21 PM PDT by karpov
Democrats and their media allies are warning that putting Amy Coney Barrett on the Supreme Court would doom the Affordable Care Act. They predict that tens of millions would be thrown off Medicaid and the sick would lose their pre-existing-conditions protections.
This is fear mongering. Heres a rundown of the false claims, with the facts that disprove them.
Whopper No. 1: Joe Biden warns that Barretts nomination is an opportunity to overturn the Affordable Care Act.
Theres little chance of that. Barrett is a true conservative who believes judges are called to apply the law, not legislate from the bench. The harm inflicted by the Supreme Courts erroneous interference in the democratic process, she wrote in 2017, is harder to remedy than the harm inflicted by an ill-advised statute. That was in an article that expressly dealt with ObamaCare.
Its the same bedrock conviction that Chief Justice John Roberts and Justices Brett Kavanaugh and Samuel Alito applied last term in Seila Law v. Consumer Financial Protection Bureau. Roberts explained that if one provision of a law violates the US Constitution, the Court should use a scalpel rather than a bulldozer to excise that provision while leaving the rest of Congresss work intact.
ObamaCare is a 2,572 -page legislative colossus really three laws stuck together. One part set national rules for health insurance and required everyone to have it or pay a penalty. A second part expanded Medicaid. A third added a hodgepodge of rules, including calorie postings on menus.
In 2012, the first time ObamaCare was challenged, the Supremes ruled the penalty was a tax and therefore a constitutional exercise of Congresss taxing power. But in 2017, Congress zeroed out the penalty.
(Excerpt) Read more at nypost.com ...
The Rats are cornered.
They’ve been fearmongring ever since Trump won....why would they stop at this juncture! But nice seeing NYPost call them out.
l8r
They don’t have an avenue of escape. They are trapped in their hypocracy of lies and deceit. Let them wallow in their misery.
The Democrat attack on Barrett will focus on pre-existing conditions. While this provision of Obamacare is the most popular component of the health care plan, it is likely Unconstitutional and Barrett would probably vote that way.
She will be attacked on this point and she had better have a good response. Better still, would be for Trump to have a Constitutional solution and nip this attack in the bud.
They really don’t care if they get caught.....they’re destructive and everything about them is as we’re all seeing. They’re determined to have their way or destroy everything in their path trying.
.....”The Democrat attack on Barrett will focus on pre-existing conditions”....
Well aren’t the Dems trying to get something about covid labeled as pre-existing?? Seems I read about it along the way recently.
The problem with pre-existing conditions is that the government requires that companies provide it. Therefore, no one has to buy insurance until they need it. That doesn’t work and places an Unconstitutional condition on private companies. Most insurance already does not cover pandemics, but certainly the Democrats would say that insurance companies should cover it anyway, no word on how they pay for it.
if Pelosi is correct that Barrett will eliminate life-saving provision for 135M Americans and Biden is right that 220M Americans have died from COVID, well, I reckon someone should turn out the lights, the party is over.
Obama care was always unconstitutional. If not for traitor Roberts legislating from the bench then it would have perished long ago.
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