Forums Forums - Off Topic Forum FUN




Go Back   Forums Forums - Off Topic Forum FUN > Off Topic Forums > Health and Fitness Forum

Health and Fitness Forum diet and exercise

Reply
 
Thread Tools Search this Thread Display Modes
  #1  
Old 08-26-2018, 06:09 PM
jim slagle's Avatar
jim slagle jim slagle is offline
Cold Member

 
Join Date: Oct 2005
Posts: 9,575
Thanks: 20,168
Thanked 8,944 Times in 4,268 Posts
jim slagle is on a distinguished road
Default Five States Win $839 Million Obamacare Lawsuit

Five States Win $839 Million Obamacare Lawsuit
by KEN KLUKOWSKI 24 Aug 2018Washington, DC

https://www.breitbart.com/big-govern...acare-lawsuit/

Texas Attorney General Ken Paxton is leading a five-state coalition that on Thursday won an $839 million judgment against the federal government in an Obamacare lawsuit, a massive blow to the Obama administration’s namesake legislation.
The Affordable Care Act (ACA, better known as Obamacare) requires medical providers to pay a Health Insurance Provider Fee (HIPF). Even though the ACA exempts states from paying that fee when providing health care, the U.S. Department of Health and Human Services (HHS) during the Obama era created a regulation requiring states to pay the fee anyway, a fee that is styled as a tax on the states.

Paxton sued in federal court, joined by Indiana, Nebraska, Kansas, and Louisiana. The five states’ lawsuit argues that this tax/fee is illegal under the Administrative Procedure Act (APA) because the ACA clearly exempts states from this payment and also that even if the statute did allow it, such taxes would violate the Tenth Amendment of the Constitution when imposed on sovereign states.

Judge Reed O’Connor of the U.S. District Court for the Northern District of Texas agreed on the statutory issue (the APA claim), striking down the Obama HHS rule because it violates the plain language of the ACA law. O’Connor ordered the federal government to pay Texas the $305 million that the Lone Star State had paid in HIPF fees, as well as the fees of the other states, for a total of $839 million.

“Obamacare is unconstitutional, plain and simple,” Paxton said after Thursday’s ruling. “We all know that the feds cannot tax the states, and we’re proud to return this illegally collected money to the people of Texas.”

Having struck down the HIPF tax on statutory grounds, the court did not even need to reach the constitutional claim. Under the doctrine of constitutional avoidance, federal courts are supposed to issue constitutional rulings only if there is no lesser law upon which to grant plaintiffs the relief they seek. There is no reason to doubt that the states would have won on their constitutional argument if necessary, however, because the federal government cannot tax states under the Tenth Amendment’s intergovernmental tax immunity doctrine.

Surprisingly, it appears that Texas media are ignoring this monumental win for the Lone Star State and the other states also. There has been scant national coverage, as well.

The media silence is all the more unusual because of the national political implications of this court decision. In addition to being an important victory for the states in question, Thursday’s ruling supports President Trump’s contention that parts of Obamacare are illegal and should be repealed; a decision will become even more important if it goes up on appeal, until it reaches the point that even the most biased media outlets cannot ignore it.

The case is Texas v. United States, No. 7:15-cv-151, in U.S. District Court for the Northern District of Texas.

Ken Klukowski is senior legal editor for Breitbart News. Follow him on Twitter @kenklukowski.
__________________
.

The United States Constitution ©1787. All Rights Reserved

Sometimes I'm fast. Most of the time I'm half fast!

Never put off till tomorrow what you can avoid all together!

Friends come and go, but enemies accumulate

FF REQUIRES NO PHYSICAL FITNESS PROGRAM.
EVERYONE GETS ENOUGH EXERCISE JUMPING TO CONCLUSIONS, FLYING
OFF THE HANDLE, RUNNING DOWN THE MODERATORS, KNIFING FRIENDS IN THE
BACK, DODGING RESPONSIBILITY AND PUSHING THEIR LUCK.
Reply With Quote
The Following 2 Users Say Thank You to jim slagle For This Useful Post:
Bamby (08-26-2018), mla2ofus (08-26-2018)
  #2  
Old 08-26-2018, 06:58 PM
Bamby's Avatar
Bamby Bamby is offline
Silver Member
 
Join Date: Nov 2008
Location: Near Wheeling W.V.
Posts: 2,419
Thanks: 178
Thanked 1,504 Times in 634 Posts
Bamby will become famous soon enough
Style: T66_BiggerFont
Default Re: Five States Win $839 Million Obamacare Lawsuit

The other winners are:


The monies Texas and the other states are to receive in this judgment are as follows:
  • Texas: $304,730,608.
  • Indiana: $94,801,483
  • Kansas: 142,121,776
  • Louisiana $172,493,095
  • Wisconsin: $88,938,850
  • Nebraska: $36,238,918
Wonder if this will open it up for other states?
__________________
-----------------------------------------------------

“The notion that a radical is one who hates his country is naïve and usually idiotic. He is, more likely, one who likes his country more than the rest of us, and is thus more disturbed than the rest of us when he sees it debauched. He is not a bad citizen turning to crime; he is a good citizen driven to despair.” ― H.L. Mencken
Reply With Quote
The Following User Says Thank You to Bamby For This Useful Post:
jim slagle  (08-26-2018)
  #3  
Old 08-26-2018, 07:50 PM
Melensdad's Avatar
Melensdad Melensdad is offline
Jerk in a Hawaiian Shirt

 
Join Date: Sep 2005
Location: Indiana
Posts: 35,072
Thanks: 1,835
Thanked 6,417 Times in 2,823 Posts
Melensdad has a spectacular aura aboutMelensdad has a spectacular aura about
Default Re: Five States Win $839 Million Obamacare Lawsuit

Yippee for Indiana!

My state has constantly fought this law in courts!

Nice to see another (nearly) $95Million dollars added to our budget surplus.
__________________

"We are fast approaching the stage of the ultimate inversion:
the stage where the government is free to do anything it pleases,
while the citizens may act only by permission; which is the stage
of the darkest periods of human history, the stage of rule by brute force."
- Ayn Rand
Reply With Quote
The Following User Says Thank You to Melensdad For This Useful Post:
jim slagle  (08-26-2018)
  #4  
Old 08-26-2018, 08:00 PM
jim slagle's Avatar
jim slagle jim slagle is offline
Cold Member

 
Join Date: Oct 2005
Posts: 9,575
Thanks: 20,168
Thanked 8,944 Times in 4,268 Posts
jim slagle is on a distinguished road
Default Re: Five States Win $839 Million Obamacare Lawsuit

Quote:
Originally Posted by Bamby View Post
Wonder if this will open it up for other states?
Not every state, just the ones contracting with a private manager. Have no idea how many of the states are in this exact situation.



https://legalinsurrection.com/2018/0...lawsuit//#more

Quote:
The fee, called the Health Insurance Provider Fee, is one part of the Affordable Care Act enacted under President Barack Obama. The federal government imposed the HIPF on medical providers but states were exempt.

Kansas, being a state that contracts with private managed care organizations to operate Medicaid programs, was hit with the fee. The reason, Kansas Attorney General Derek Schmidt says, is the federal government imposed the fee on the private care organizations, then adopted a regulation requiring the organizations to pass the cost to the state.

Schmidt said the federal government was collecting the money illegally. Kansas, along with Indiana, Texas, Louisiana, Nebraska and Wisconsin filed a lawsuit claiming this fee was an issue back in 2016.
__________________
.

The United States Constitution ©1787. All Rights Reserved

Sometimes I'm fast. Most of the time I'm half fast!

Never put off till tomorrow what you can avoid all together!

Friends come and go, but enemies accumulate

FF REQUIRES NO PHYSICAL FITNESS PROGRAM.
EVERYONE GETS ENOUGH EXERCISE JUMPING TO CONCLUSIONS, FLYING
OFF THE HANDLE, RUNNING DOWN THE MODERATORS, KNIFING FRIENDS IN THE
BACK, DODGING RESPONSIBILITY AND PUSHING THEIR LUCK.
Reply With Quote
  #5  
Old 08-26-2018, 08:02 PM
jim slagle's Avatar
jim slagle jim slagle is offline
Cold Member

 
Join Date: Oct 2005
Posts: 9,575
Thanks: 20,168
Thanked 8,944 Times in 4,268 Posts
jim slagle is on a distinguished road
Default Re: Five States Win $839 Million Obamacare Lawsuit

Quote:
Originally Posted by Melensdad View Post
Yippee for Indiana!

My state has constantly fought this law in courts!

Nice to see another (nearly) $95Million dollars added to our budget surplus.
__________________
.

The United States Constitution ©1787. All Rights Reserved

Sometimes I'm fast. Most of the time I'm half fast!

Never put off till tomorrow what you can avoid all together!

Friends come and go, but enemies accumulate

FF REQUIRES NO PHYSICAL FITNESS PROGRAM.
EVERYONE GETS ENOUGH EXERCISE JUMPING TO CONCLUSIONS, FLYING
OFF THE HANDLE, RUNNING DOWN THE MODERATORS, KNIFING FRIENDS IN THE
BACK, DODGING RESPONSIBILITY AND PUSHING THEIR LUCK.
Reply With Quote
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
DESPERATION: DNC Files Multi-Million Dollar Lawsuit Against Russia, Trump Campaign jim slagle Political Debate Forum 8 04-21-2018 12:13 PM
STATES CUTTING EMPLOYEE HOURS TO AVOID OBAMACARE COSTS jim slagle Political Debate Forum 9 02-11-2013 12:36 PM
26 States in Lawsuit loboloco Political Debate Forum 2 01-19-2011 11:00 PM
Multi-million Dollar Missing Pants Lawsuit Goes to Appeal jim slagle Open Forum 2 10-22-2008 01:12 PM
$54 Million 'Pants' Lawsuit Headed Back to Court jim slagle Open Forum 0 09-10-2008 08:33 PM





All times are GMT -4. The time now is 12:29 PM.


Powered by vBulletin® Version 3.8.2
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
Copyright © 2002 - 2018 www.ForumsForums.com