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Oriental Redneck |
About damn time! God Bless this TX judge.  We'll see how Roberts will weasel his way out of this this time around. https://www.nbcnews.com/news/u...ble-care-act-n948306 Federal judge in Texas strikes down Affordable Care Act In a ruling sure to be appealed to Supreme Court, Texas court says the ACA, also known as Obamacare, can no longer stand without the penalty against the uninsured. Dec. 14, 2018 / 8:02 PM CST / Updated 9:04 PM CST By David K. Li A federal judge in Texas struck down the Affordable Care Act on Friday night, ruling that former President Barack Obama's signature domestic legislation has fallen down like a losing game of "Jenga." U.S. District Judge Reed O’Connor in Fort Worth sided with the argument put forward by a coalition of Republican-leaning states, led by Texas, that Obamacare could no longer stand now that there's no penalty for Americans who don't buy insurance. The U.S. Supreme Court had upheld the law in 2012, by classifying the legislation as a tax. But since Congress removed the individual mandate in 2017, O’Connor ruled, there's no way the ACA can be allowed to stand. "The Individual Mandate can no longer be fairly read as an exercise of Congress's Tax Power and is still impermissible under the Interstate Commerce Clause — meaning the Individual Mandate is unconstitutional," O'Connor wrote. "The Individual Mandate is essential to and inseverable from the remainder of the ACA." Without the system being upheld by a wide pool of mandated participants, the ACA cannot stand, O'Connor ruled. "Without it, Congress and the Supreme Court have stated, the architectural design fails," according to O'Connor. "It is like watching a slow game of Jenga, each party poking at a different provision to see if the ACA falls." President Donald Trump tweeted his approval Friday night. "Wow, but not surprisingly, ObamaCare was just ruled UNCONSTITUTIONAL by a highly respected judge in Texas. Great news for America!" he wrote. "As I predicted all along, Obamacare has been struck down as an UNCONSTITUTIONAL disaster! Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions. Mitch and Nancy, get it done!" Trump wrote, States who fought the Republican effort to undercut the ACA vowed to keep fighting. An appeal is expected soon. "Today’s ruling is an assault on 133 million Americans with pre-existing conditions, on the 20 million Americans who rely on the ACA for healthcare, and on America’s faithful progress toward affordable health care for all Americans,” California Attorney General Becerra said in a statement Friday night. “The ACA has already survived more than 70 unsuccessful repeal attempts and withstood scrutiny in the Supreme Court. Today’s misguided ruling will not deter us: Our coalition will continue to fight in court for the health and well-being of all Americans." O'Connor's decision came down just before the program's enrollment period ends on Saturday. But with appeals forthcoming, the ruling is not expected to immediately affect the millions of Americans signing up for coverage through the ACA. In a statement after the ruling, White House press secretary Sarah Sanders said: "Obamacare has been struck down by a highly respected judge. The judge’s decision vindicates President Trump’s position that Obamacare is unconstitutional. Once again, the president calls on Congress to replace Obamacare and act to protect people with preexisting conditions and provide Americans with quality affordable healthcare. We expect this ruling will be appealed to the Supreme Court. Pending the appeal process, the law remains in place." Q | ||
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| Member |
I really can’t wait for the libs to start crying about “activist judges” now. This is going to be fun | |||
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Frangas non Flectes |
Well, if the Hawaiians can have a say, so can the Texans. ______________________________________________ Carthago delenda est | |||
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| Lawyers, Guns and Money  |
Unconstitutional , yes but can't we just have voluntary agreements between willing participants? I don't want Mitch and Nancy telling me what I can or cannot have! "Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." -- Justice Janice Rogers Brown "The United States government is the largest criminal enterprise on earth." -rduckwor | |||
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| Gracie Allen is my personal savior! |
First the House Dems trot out their shopping list of things they want. Then the Senate Repubs make their demands. Then Trump chimes in. Then we see what we actually get.
Roll on arguments before the Supreme Court. If OCare gets shot down before Congress acts, then the negotiations can start with a clean sheet of paper and all of the pressure on those who want a national health care system - instead of the good guys being backed into a corner where they have to compromise with what exists in hopes of getting something better. If we want a voluntary or market-based system, the best scenario we can hope for is for the conversation to begin with there being no national health care system in existence at all. | |||
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Member |
This will shove the weekend Cohen Charm Offensive down the toilet. And from what I'm already hearing, Dims are being less than charming in reaction to this ruling. Looks like the next few days' news cycle will be dominated by progs showing their asses. This could be fun. Set the controls for the heart of the Sun. | |||
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Member |
The whole pre existing conditions thing has to be fixed and made fair. It is way to easy right now to game the system by buying insurance when someone finds out they are in dire need of it. Those who keep insurance continuously usually are covered for pre existing conditions, at least that has been our experience. If someone does not want to pay for insurance and then they come down with a serious health problem then they need to pay extra for that health problem, a lot extra as they took a big gamble not wanting to be part of the risk sharing pool and lost. Maybe a $50,000 deductible for pre existing conditions for 2-3 years after buying insurance after a lengthy lapse in coverage. | |||
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goodheart |
Prohibiting denial of coverage for pre-existing conditions means it is no longer insurance. Now you’re just redistributing wealth and controlling the health care system. _________________________ “ What all the wise men promised has not happened, and what all the damned fools said would happen has come to pass.”— Lord Melbourne | |||
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| Member |
I never said prohibit it as insurance has been covering pre existing conditions for many years for those that keep their insurance coverage and pay into the pool, at least from our experiences, but obamacare changed it to the point where one who has had no insurance for years by choice can find out they are gravely ill and then purchase insurance and get covered for that illness from what I understand at no extra cost/consequence compared to one who has maintained their insurance coverage. Am I wrong about that? Do you believe current pre existing coverage mandates are fair for everyone? | |||
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| I have not yet begun to procrastinate |
-------- After the game, the King and the pawn go into the same box. | |||
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| Gracie Allen is my personal savior! |
The problem is that there's no way to get the insurance companies to take a royal fucking and not pass it on to the premium payers or go into another buisness. For a lot of buisnesses getting into the insurance game is sort of like getting into the banking game or the real estate game - its what you do when you've got a chunk of money that you're not quite sure what to do with. At the same time, insurance companies have to be in the buisness of investing in order to manage their funds and be able to handle the risk of being hit with big claims. IOW, if you can afford to get into the insurance buisness, you already have alternatives when it comes to investing. | |||
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Member |
First, and above all, we need to have tort reform to reduce the primary cost of health coverage. Actually, first should probably be that congress pulls it head out of their asses.  . “Leave the Artillerymen alone, they are an obstinate lot. . .” – Napoleon Bonaparte http://poundsstudio.com/ | |||
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| my existence, while grotesque and incomprehensible to you, saves lives |
While I think that Obamacare is a terrible system and deserves to go, I do not think that it is the place of a federal court to declare it unconstitutional on the basis that a regulatory scheme passed by Congress is not economically sound. Always look at court Decisions not on the basis of whether you like the outcome, but if a power reserved to the other branches of government has been usurped by the judiciary to make it. This decision should not have been rendered. ***************************** "I don't own the night, I only operate a small franchise" - Author unknown | |||
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Drill Here, Drill Now |
Awesome news! Sure there is: Ego is the anesthesia that deadens the pain of stupidity DISCLAIMER: These are the author's own personal views and do not represent the views of the author's employer. | |||
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His Royal Hiney |
To me, this is one of the biggest reasons that increases the costs of healthcare. It's pre-paid and the incremental costs are relatively small. Now that the Republicans have Senate and Presidential control, they do need to come up with a healthcare solution. Yeah, there's nothing in the constitution saying the government is responsible for healthcare but you might as well tell the masses to eat cake. "It did not really matter what we expected from life, but rather what life expected from us. We needed to stop asking about the meaning of life, and instead to think of ourselves as those who were being questioned by life – daily and hourly. Our answer must consist not in talk and meditation, but in right action and in right conduct. Life ultimately means taking the responsibility to find the right answer to its problems and to fulfill the tasks which it constantly sets for each individual." Viktor Frankl, Man's Search for Meaning, 1946. | |||
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| Member |
And I will NEVER FORGET OR FORGIVE the traitor McCain that was the deciding vote to NOT kill Obama Care. The republicans had the chance and McCain screwed the party and the American people. And yes, Roberts, another activist PoS that re-wrote the language to fit the Obama narrative. They must have had dirt on Roberts to get him to go along with this crap? I may be cynical, but they aren't fooling me one bit. | |||
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| Ammoholic |
While I would agree that you are probably right, I look at it that this Federal judge is just fixing the incredibly ridiculous non-logic that Justice Roberts used to declare this abortion constitutional in the first place. Justice Roberts ridiculous twist of logic no longer applies, so the Supremes need to take another look at it. Hopefully this time there are enough sane folks there to rule this mess unconstitutional as should have been done it the first place (and likely would have if someone didn't have some leverage over Roberts or he didn't suffer temporary insanity). That's just my opinion though, and IANAL. Not only that, I haven't stayed in a Holiday Inn Express in I don't know how long.  | |||
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| Knows too little about too much  |
Injunction in 3..2..1... RMD TL Davis: “The Second Amendment is special, not because it protects guns, but because its violation signals a government with the intention to oppress its people…” Remember: After the first one, the rest are free. | |||
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Ammoholic |
I agree with everything you said, except the mandate on offering health insurance and state/fed regulations. While I believe the companies should, and could make an argument for larger companies to be required to, the reality is that market forces have already done it for the vast majority of people working. That mandate only affects about one percent of workers. So to me it's not a top concern.
Health insurance/care is very much a region thing. I worry about federal involvement in everything and think it should be saved for aiding states in their own insurance shortfalls instead of forcing what Californians want on North Dakodians. Limit federal government out as much as possible. I understand there could be some savings associated with uniform policies, but the auto insurance market can handle it, I'm sure the health insurance market can too. Lastly by nationalizing the health insurance market the cost of entry would be so great that only major companies could participate in it. This over time would stifle competition and innovation and we would ultimately end up with Me Bell like monopoly or very close to it with selection limited to one, two, or three major players. Those companies would be able to charge whatever they want and have no incentive to cut costs. In my dream world we would have three systems. One like car insurance where it is fully underwritten and the lucky ones, those with money and health have all the options on the table and it worked completely as a free market system. Next we would have a market for the uninsurable. This would be the subsidized by taxes to provide a reasonable, but expensive product for those that couldn't qualify for top tier insurance. Lastly we'd have a plan for the destitute. This would be similar to Obama/Medicare and provide basic coverage for all that can't afford the top two options. It would also included a sliding scale means tested copay and deductible/Max OP structure which would result in essentially everybody getting one form of insurance or another. Only those that can afford the best care can get it, yeah I know sucks for the poor, but the poor are not mandated to get a 65" 4k TV, why should we do it with health insurance. To the above I would add a few tax incentives and the creation of HSAs for every insurance policy. This would allow for two very important things: 1) A tax free savings account to pay for care, which as tator has stated should be a personal responsibility and insurance should not kick in for a runny nose. If you pay the first $3,000 or so out of pocket with tax free dollars it would greatly lower costs because a great number don't spend more than that during any given year. That way we are paying for routine stuff on our own, which would greatly reduce costs. 2) A tax credit or write off for the middle class with a sliding scale for those trapped in the middle. Can't qualify for top tier plan and the uninsurable plan takes up too high a percentage of money income. If you elect me for president you will have cheap insurance for the masses, a plan for the uninsurable, and a safety net for the poor. Jesse Sic Semper Tyrannis | |||
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| Leave the gun. Take the cannoli. |
Why? | |||
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