Federal Judge kills Obamacare

Federal Judge kills Obamacare
Posted by William A. Jacobson Friday, December 14, 2018 at 8:35pm

https://legalinsurrection.com/2018/12/federal-judge-kills-obamacare/#more-268118

If the ruling holds up on appeal, Obamacare is dead. As a doorknob. Not just the mandate or some other particular provisions. He killed the WHOLE THING

Reed O’Connor, a federal judge in the Northern District of Texas, just killed Obamacare.

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If the ruling holds up on appeal, Obamacare is dead. As a doorknob. Not just the mandate or some other particular provisions.

He killed the WHOLE THING.

The Order (pdf.) is embedded in full at the bottom of this post.

Here’s the short version. Texas and other states sued to declare the individual mandate unconstitutional because in the recent tax reform the penalty for failing to pay the mandate was removed. With the removal of the mandate penalty, the mandate no longer was a function of Congress’ taxing power, which was the basis upon which John Roberts and the liberal Justices on the Supreme Court upheld the constitutionality of the mandate in 2012. The Court conservative and Roberts had ruled the mandate violated the Commerce Clause, but Roberts broke with the conservatives on the tax power issue.

But there’s more.

The district court ruled that the mandate was an essential and inseverable part of Obamacare. Because the mandate was held to be unconstitutional and inseverable, the judge held the remainder of Obamacare to be unconstitutional.

(Reactions and link to order at https://legalinsurrection.com/2018/12/federal-judge-kills-obamacare/#more-268118 )

Ghetto Stick has no legacy.

ACA did not ;provide "Health Care" It provided a structure for Affordable Insurance. To do so, it had to completely regulate the Health "INSURANCE' industry. To do that it overregulated health CARE and the Pharmaceutical industry.

The result has been great for the Big Insurers, who simply divvied up the country, and Big Pharma, but disastrous for Health Care providers and consumers alike. Removal of the mandate will starve it into failure. This just nails the coffin.

The law was birthed illegitimately in the Senate. Which cannot tax the People. The SCOTUS had to call it a tax to make it legit. The SCOTUS cannot Tax the people either. So it is an amazement to me that it still stands at all.

There are better ways to insure that all people have access to healthcare. Including provisions for pre-existing conditions. But unless we place some responsibility on the Health care consumers instead of just doling it out free, the system will not work to provide the best possible care in the world.

Like it used to be before the Gubmit convinced WE-THE-PEOPLE that they could do it better.

A Coalition of 16 States and DC plan to appeal the ruling that says Obamacare is unconstitutional.

Why? Is this a cash cow to those states? I have a hard time swallowing that they'd do it simply out of allegiance to Obama's legacy.

Doc said:

A Coalition of 16 States and DC plan to appeal the ruling that says Obamacare is unconstitutional.

Why? Is this a cash cow to those states? I have a hard time swallowing that they'd do it simply out of allegiance to Obama's legacy.

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Good question. I'm betting they are all BLUE states meaning they are run by the (Democratic) Progressive party, not the people.

And now, Kavanaugh gets to stick it to the Dems. Revenge is sweet.

TiredRetired said:

And now, Kavanaugh gets to stick it to the Dems. Revenge is sweet.


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:th_lmao:

I just posted this in toons for the times! Then I found you beat me to it by several minutes!

Over time it looks like every screw up that obama forced on the American people is either self destructing or is being legislated out of existing.

rugerman said:

Over time it looks like every screw up that obama forced on the American people is either self destructing or is being legislated out of existing.

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EVERYTHING he touched has to be undone