Saturday, 19 January, 2019

The new ObamaCare ruling will be overturned and could backfire on Republicans

Obamacare ruled unconstitutional by U.S. federal judge in Texas Texas judge rules health care overhaul unconstitutional
Ben Pena | 21 December, 2018, 10:58

The article also described how, as a result of the decision, the Republican caucus is likely to be split between hardline conservatives who insist that Obamacare should be repealed and pragmatists who don't want to alienate voters who benefit from its provisions.

He added, "Not only does tonight's ruling confirm that this broken law can not hold up under court scrutiny, but it also affirms that the law does not actually protect people with preexisting conditions". The U.S. Supreme Court upheld the ACA in 2012 because it included an individual mandate - or a tax penalty for Americans who did not buy health insurance.

President Donald Trump hailed the decision as "great news for America", boasting that Congress will now create a "great" health care plan, though that will likely be hard if large numbers of the pool of uninsured Americans opt not to pay for insurance.

But Kavanaugh's defenders have just as adamantly argued that his 2011 dissent actually supported the conclusion that the mandate is unconstitutional. The law still works without it. Congress in its wisdom has declared that it's severable, has said, look, we're going to keep the law but remove the mandate penalty.

Supporters of the law immediately said they would appeal.

The coalition, led by California Attorney General Xavier Becerra, filed a motion Monday to request that O'Connor issue either a stay pending appeal or an order specifying that his ruling didn't relieve anyone of their duties to uphold the ACA.

Manchester City to play Burton Albion in Carabao Cup semi-finals
Chelsea brought on first Pedro then Hazard and it was a combination of the Spaniard and Belgium's Hazard that made the goal. Chelsea appeared to make their interest in striker Callum Wilson public on Tuesday, prior to the tie.

Congress is unlikely to act while the case remains in the courts.

Judge O'Connor's decision did not enjoin the ACA-its provisions remain fully intact.

"When Democrats forced Obamacare down the throats of the American people on a purely partisan basis, they threatened that the law needed to be passed so that people could find out what was in it", House Majority Whip Steve Scalise, R-La., said on Twitter on Friday. She said the House "will move swiftly to formally intervene in the appeals process to uphold the life-saving protections for people with pre-existing conditions and reject Republicans' effort to destroy the Affordable Care Act". The judge agreed with the suit's argument that the law should be struck down because Congress a year ago repealed the tax penalty that enforced a mandate that most Americans get health insurance.

But the same editorial noted that more is at stake than simply the tax question, while predicting the ruling would be overturned on appeal in the end. Millions of people now rely on ObamaCare's subsidies and rules, which argues against judges repealing the law by fiat. "In any case, the Supreme Court's "severability" doctrine calls for restraint in declaring an entire law illegal merely because one part of it is".

Judge O'Connor breezes past this like a liberal Ninth Circuit appeals judge handling a Donald Trump appeal.

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