Posted on 02/26/2018 9:51:33 PM PST by Innovative
A coalition of 20 U.S. states sued the federal government on Monday over Obamacare, claiming the law was no longer constitutional after the repeal last year of its requirement that people have health insurance or pay a fine.
Led by Texas Attorney General Ken Paxton and Wisconsin Attorney General Brad Schimel, the lawsuit said that without the individual mandate, which was eliminated as part of the Republican tax law signed by President Donald Trump in December, Obamacare was unlawful.
"The U.S. Supreme Court already admitted that an individual mandate without a tax penalty is unconstitutional," Paxton said in a statement. "With no remaining legitimate basis for the law, it is time that Americans are finally free from the stranglehold of Obamacare, once and for all," he said.
(Excerpt) Read more at msn.com ...
Could this be true? Could they have been this cagey?
This puts Roberts and his mandate/tax on the spot.
If the courts decide it's unconstitutional then there's nothing to repeal.
If they win this case then Obamacare is dead instantly.
So here’s the question we may hear the left raise, “is it unconstitutional to pass a law that will cause a prior law to become unconstitutional?” “If so, which law has to fall in order to clear up the problem”?
One reason that question may not be asked is that it’d force the Democrats (or, more likely one of their shill groups) to sue to reimpose fines on millions of Americans. Bit of a political downer there.
Yes, the provision for direct taxes was removed from Constitution by the 16A. A real shame.
The man-date still exists (much to Ebola’s pleasure); they changed the penalty amount to $0.
That's a good question. I once worked for a company that had insurance that would cover pre-existing conditions after 1 year of employment. Do those terms still exist?
Maybe I could have gotten a government job??
Other than that, nothing I can imagine would have help (in my case I required double hip replacement - quite costly)
That’s true. I would love it, but not hopefully with this broken judiciary.
I haven’t seen any news reports that dems are going to contest the mandate at the federal level. All the chatter was about blue states creating their own mandates. 20 red states did sue the feds the other day to end Obamacare since there is no tax.
https://www.freerepublic.com/focus/f-news/3635594/posts
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Well that doesn’t seem very fair. Why not give each state an equal share? Take the budget, divide by 535. Each Congresscritter then brings their share of the budget back to their state, which can then raise the money how it sees fit.
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Fair? Who said anything about being FAIR? The whole contention of the budget are the fraudsters, excuse me elected representatives, each bloating the bottom-line because 49+ OTHER States will be shouldering the cost for whatever project they pork-barrel through.
I don’t see the low-census States, those in the West\AK or even lower-economic (lot in the South), would be willing for CA to soak them w/ the check.
Your proposal is no different than what we have today.
Since they all now wink-n-nod vs. Commerce Clause, We need to press for other ways to stem the tide of illegal/unconst. spending.
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