Why a Judge Ruled Obamacare Unconstitutional, and What Policymakers Should Do Next

[Doc7505]

Why a Judge Ruled Obamacare Unconstitutional, and What Policymakers Should Do Next​

Why a Judge Ruled Obamacare Unconstitutional, and What Policymakers Should Do Next | The Heritage Foundation
17 Dec 19 ~~ A judge has declared Obamacare unconstitutional—but the case is far from over.
U.S. District Judge Reed O’Connor, a George W. Bush appointee, granted a motion for summary judgment Friday in favor of 20 states led by Texas that had filed a lawsuit seeking to strike down the Affordable Care Act. Now that O’Connor has ruled, the losing side is sure to appeal to the 5th U.S. Circuit Court of Appeals, and ultimately the Supreme Court. In 2012, in NFIB v. Sebelius, the Supreme Court upheld the constitutionality of the individual mandate by the narrowest of margins when Chief Justice John Roberts, providing the deciding vote, devised a novel theory construing the penalty associated with violating the individual mandate as a tax that Congress has the power to levy under the Constitution.
“The individual mandate is unconstitutional because it can no longer be read as a tax, and there is no other constitutional provision that justifies this exercise of congressional power,” the ruling said. “On the severability question, we remand to the district court to provide additional analysis of the provisions of the ACA as they currently exist.”


Comment:
Anytime government is involved it becomes at nightmare. The ACA must be replaced with choices from multiple providers that are portable and affordable. In no way should government be involved.
Hold on a second, Wait a minute, didn't the PMS/DSA Dems run in 2018 on healthcare doing such a bang up job they won the majority in the House. So having won, WTF have they done for the last two years to fix it??? NOTHING!!! Another exploitable error for the right to use as a hammer in 2020.
There was no "tax penalty" written in the ACA as passed Congress and signed by Barack Obama. The Progressive Marxist Socialist Democrat Left didn't want to be accused of "raising taxes"; so they called it a "penalty fee". CJ Roberts conspired to change the specific wording of the law; by making it a tax. This was one of the most egregious usurpation of power in our history.
The problem goes back to LBJ's Medicare/Medicaid. The original "Camel's nose under the tent". People accepted that so we are to blame for giving them that start.
The question has arisen as to why Roberts cast his vote for the ACA based upon a tax. So far our "conservative" Supreme Court has given us an internet sales tax, allowed leftist pukes to sue gun manufacturers for violence committed with their guns & punted in the Colorado baker case, refusing to rule in favor of the constitutionally protected right to religious freedom vs fascism. They punted on a couple of abortion cases too.
Not only is the ACA mandate unconstitutional, but as clearly omitted in Article 1: Section 8 of the constitution, and prohibited by the 10th Amendment, any meddling by the evil PMS/DSA Democrat Leftists in D.C. in our heath insurance and medical care is blatantly lawless, criminal and tyrannical.

 

[Gdjjr]

Congress critters are expert at paying lip service to divide/appease tools.

 

[Monk-Eye]

" Clueless Explanations "

* Individual Nah Let The Taxpayer Bleed Out The Nose *

When people show up to medical facilities without insurance , the government should refuse to pay and hospitals should escort them off the property .

 

[dblack]

" Clueless Explanations "

* Individual Nah Let The Taxpayer Bleed Out The Nose *

When people show up to medical facilities without insurance , the government should refuse to pay and hospitals should escort them off the property .

The government doesn't pay. EMTALA is an unfunded mandate. That's the problem.

While I'd hope hospitals would show more compassion, and I'd avoid those that did what you suggest, no one should be required to serve another against their will.

 

[August West]

Dropping the mandate to buy insurance? That`s free healthcare courtesy of the GOP. If that uninsured person gets T-Boned at an intersection and needs a 25K helicopter ride to a trauma center who pays?

 

[Fort Fun Indiana]

The ACA must be replaced with choices from multiple providers that are portable and affordable.

What a great idea!!! Cheaper and better insurance!!

Why hasn't anyone thought of this?!?!?!

 

[debbiedowner]

" Clueless Explanations "

* Individual Nah Let The Taxpayer Bleed Out The Nose *

When people show up to medical facilities without insurance , the government should refuse to pay and hospitals should escort them off the property .

As stated in db's post below the government doesn't pay.

Is EMTALA That Bad?

 

[Doc7505]

" Clueless Explanations "

* Individual Nah Let The Taxpayer Bleed Out The Nose *

When people show up to medical facilities without insurance , the government should refuse to pay and hospitals should escort them off the property .

~~~~~~
That violates their oath to do No Harm.....

 

[rightwinger]

" Clueless Explanations "

* Individual Nah Let The Taxpayer Bleed Out The Nose *

When people show up to medical facilities without insurance , the government should refuse to pay and hospitals should escort them off the property .

Let em die....The GOP Healthcare Plan

 

[Questioner]

" Clueless Explanations "

* Individual Nah Let The Taxpayer Bleed Out The Nose *

When people show up to medical facilities without insurance , the government should refuse to pay and hospitals should escort them off the property .

Let em die....The GOP Healthcare Plan

Probably from obesity

 

[Monk-Eye]

" Let Government Bleed Out The Nose For Medical Bills And Other Egalitarian Stupidity "

* Neglecting Responsibility To Have Health Insurance *

~~~~~~
That violates their oath to do No Harm.....

The reason for my comment is that individuals purchase health insurance because most cannot afford to pay for medical treatment directly as required .

Likewise , the government payment for medical treatment directly is not affordable and the alternative is for the government to acquire some sort of medical insurance .

Consequently , why should the government subsidize medical insurance for its citizens who simply neglect their portion of responsibility in paying for it , optioning to undermine the purpose of insurance and expecting the government to pay directly for treatment thereby undermining the process ?


* Deficit Resolutions To Foreign Encroachment *

There is social security totalization agreements and the bills for uninsured illegals and those looking to drop anchor babies , that must often include outrageous neonatal care costs , should be forwarded to their countries of origin as well as giving the citizenship from the country of their parents to their children .


* Comic Relief *

Given that approximately 430 women have died from abortion since 1973 , most in the early years from sepsis , a demand that individuals be treated in a hospital surmounts to a threat against their lives .

Study Suggests Medical Errors Now Third Leading Cause of Death in the U.S. - 05/03/2016
Analyzing medical death rate data over an eight-year period, Johns Hopkins patient safety experts have calculated that more than 250,000 deaths per year are due to medical error in the U.S. Their figure, published May 3 in The BMJ, surpasses the U.S. Centers for Disease Control and Prevention’s (CDC’s) third leading cause of death — respiratory disease, which kills close to 150,000 people per year.

Types of abortion restrictions in the United States - Wikipedia
Other regulations require doctors performing abortions to have admitting privileges at a nearby hospital.[5]

 

[jbander]

1/

Why a Judge Ruled Obamacare Unconstitutional, and What Policymakers Should Do Next​

Why a Judge Ruled Obamacare Unconstitutional, and What Policymakers Should Do Next | The Heritage Foundation
17 Dec 19 ~~ A judge has declared Obamacare unconstitutional—but the case is far from over.
U.S. District Judge Reed O’Connor, a George W. Bush appointee, granted a motion for summary judgment Friday in favor of 20 states led by Texas that had filed a lawsuit seeking to strike down the Affordable Care Act. Now that O’Connor has ruled, the losing side is sure to appeal to the 5th U.S. Circuit Court of Appeals, and ultimately the Supreme Court. In 2012, in NFIB v. Sebelius, the Supreme Court upheld the constitutionality of the individual mandate by the narrowest of margins when Chief Justice John Roberts, providing the deciding vote, devised a novel theory construing the penalty associated with violating the individual mandate as a tax that Congress has the power to levy under the Constitution.
“The individual mandate is unconstitutional because it can no longer be read as a tax, and there is no other constitutional provision that justifies this exercise of congressional power,” the ruling said. “On the severability question, we remand to the district court to provide additional analysis of the provisions of the ACA as they currently exist.”


Comment:
Anytime government is involved it becomes at nightmare. The ACA must be replaced with choices from multiple providers that are portable and affordable. In no way should government be involved.
Hold on a second, Wait a minute, didn't the PMS/DSA Dems run in 2018 on healthcare doing such a bang up job they won the majority in the House. So having won, WTF have they done for the last two years to fix it??? NOTHING!!! Another exploitable error for the right to use as a hammer in 2020.
There was no "tax penalty" written in the ACA as passed Congress and signed by Barack Obama. The Progressive Marxist Socialist Democrat Left didn't want to be accused of "raising taxes"; so they called it a "penalty fee". CJ Roberts conspired to change the specific wording of the law; by making it a tax. This was one of the most egregious usurpation of power in our history.
The problem goes back to LBJ's Medicare/Medicaid. The original "Camel's nose under the tent". People accepted that so we are to blame for giving them that start.
The question has arisen as to why Roberts cast his vote for the ACA based upon a tax. So far our "conservative" Supreme Court has given us an internet sales tax, allowed leftist pukes to sue gun manufacturers for violence committed with their guns & punted in the Colorado baker case, refusing to rule in favor of the constitutionally protected right to religious freedom vs fascism. They punted on a couple of abortion cases too.
Not only is the ACA mandate unconstitutional, but as clearly omitted in Article 1: Section 8 of the constitution, and prohibited by the 10th Amendment, any meddling by the evil PMS/DSA Democrat Leftists in D.C. in our heath insurance and medical care is blatantly lawless, criminal and tyrannical.

1/2 year ago, ya like who cares. This hatred all because of the color of Obama's skin. literally hundreds of cases from the hate party against Obama care , other then a couple ,all have failed and everything up now, will lose in a higher court. Haters , Obama care is going nowhere, unless it is moved to single payer or medicare for all. The insanity is because he isa our first black president. Sick puppy's!

 

[Marion Morrison]

ACA was a Cloward-Piven move. As is easily observable, we're still struggling with it.

Obama should hang. He is a traitor.

 

[Jets]

The GOP has none, it’s easier to fulminate against any plan by the Democratic Party. Unfortunately, “ your party sucks” cajoles too many voters into supporting Republicans.