Obamacare ruled unconstitutional by Texas judge
Federal judge strikes down Obamacare
The Affordable Care Act, also known as Obamacare, was struck down by a Texas judge on Friday, a move that could suddenly disrupt the health insurance status of millions of Americans. The decision comes amid a six-week open enrollment period for the program.
Texas, along with 19 states, had argued to U.S. District Judge Reed O’Connor that they had been hurt by a jump in the amount of people utilizing state-backed insurance. When Congress cut the tax penalty from the program in 2017, the states claimed, it essentially undercut the Supreme Court’s reasoning for finding former President Barack Obama’s signature legislation constitutional in 2012.
“The remainder of the ACA is non-severable from the individual mandate, meaning that the Act must be invalidated in whole,” O’Connor wrote in a 55-page opinion, according to Bloomberg.
O'Connor is a conservative Republican appointee who previously blocked other Obama-era policies.
"As I predicted all along, Obamacare has been struck down as an UNCONSTITUTIONAL disaster,"
President Trump tweeted following the ruling. "Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions. Mitch and Nancy, get it done!"
In a second tweet, the president declared the ruling to be "great news for America!"
California and other states ruled against by the judge will likely challenge the decision by appealing in the United States Court of Appeals for the Fifth Circuit.
“Today’s ruling is an assault on 133 million Americans with pre-existing conditions, on the 20 million Americans who rely on the A.C.A.’s consumer protections for health care, on America’s faithful progress toward affordable health care for all Americans,” Xavier Becerra, California’s attorney general, said in a statement, according to The New York Times. “The A.C.A. has already survived more than 70 unsuccessful repeal attempts and withstood scrutiny in the Supreme Court.”
“Obamacare has been struck down by a highly respected judge," White House press secretary Sarah Sanders said in a statement.
"The judge’s decision vindicates President Trump’s position that Obamacare is unconstitutional," Sanders continued. "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.”
OBAMACARE ENROLLMENT PORTAL BREACHED, DATA OF 75,000 COMPROMISED, OFFICIALS SAY
Democratic leaders, meanwhile, reacted harshly to the decision.
"The ruling seems to be based on faulty legal reasoning and hopefully it will be overturned," Senate Minority Leader Chuck Schumer, D-N.Y., tweeted. "Americans who care about working families must do all they can to prevent this district court ruling from becoming law."
“While the district court’s absurd ruling will be immediately appealed, Republicans are fully responsible for this cruel decision and for the fear they have struck into millions of families across America who are now in danger of losing their health coverage," House Minority Leader Nancy Pelosi, D-Calif., said in a statement. "When House Democrats take the gavel, the House of Representatives 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 Associated Press contributed to this report.
https://www.foxnews.com/politics/obamacare-ruled-unconstitutional-by-texas-judge
Well that's just great as i am having major surgery on january 11th. I have a Triple A and just found out in late november, LOL, oh well, sh!t.
This will be yet another ruling overturned by the the Supreme Court. However, maybe this is what is needed to finally work on a single payer plan again. If this goes through, all those losing their insurance will be hungry to vote in whatever party has the best plan. The Republicans have proved that they don't have a plan, or any idea whatsoever what to do about healthcare. They took an embarrassing stab at it while they had total control of congress and the presidency and failed miserably. This is the Democrats big chance to take back the senate and the presidency in 2 years if they don't blow it.
20 states out of 50?
I guess this is why they fought for Kavanaugh so hard. Looks like they might win that battle after all. Regardless of your position on it, at the end of day, one side gave healthcare to 20 million who couldn’t afford it, and the other side is going to take it away from those who need it.........................and for what? A few extra bucks in your pocket maybe......such victims! Just another example of how fringe conservatives have been playing the victim card ever since Obama got elected. At every move he made, they were being victimized and having their rights taken away, like children. “My 2nd amendment right”, “my religious freedom”, “Obamacare is a tax burden on me”, “illegals are threatening my job”, wah wah wah. So sad.
“My 2nd amendment right”, “my religious freedom”, “Obamacare is a tax burden on me”, “illegals are threatening my job”, wah wah wah. So sad.
Scratch your head in wonder no longer. This ^ is why I continuously post the William F. Buckley quote.
Not "sad" at all. Not the way you see it or feel things should be, but not sad. What is sad is the label you all too willingly attach to those with the rashness to disagree with you.
Excellent decision and really great move, stripping health care from 130 million Americans, mostly children, is exactly what we should be focusing on and doing!
Quote:
Not "sad" at all. Not the way you see it or feel things should be, but not sad. What is sad is the label you all too willingly attach to those with the rashness to disagree with you. :Quote
Seems to me our poor abused and mistreated pres, closes most of his whining, complaining tweets with the word "sad"???.............Peace..........joe
Wasn't health care the number one issue on the ballot in the midterms in 2018? Which party did that issue benefit? What were the results of the election? Remember for how long the GOP has railed against Obamacare?
The GOP in the end here will be putting yet another pitchfork in itself if it screws people over. They better come up with a suitable replacement. Are you listening, Mitch? Are you listening, Russian Don?
Is anyone on an ACA plan or did any one look at quotes during the open enrollment period (that ends today)?
I have an individual plan outside of ACA. At one time years ago I got a letter saying that it was going to be discontinued for an ACA compliant plan. But at some point Congress passed an exemption and every year I have been able to keep this non-compliant plan with modest expected annual increases.
My rate for 2019 is going up to $160.13. I got a letter in October stating "We want to make you aware your current plan does not follow all the rules of the Affordable Care Act (ACA) and doesn't have to. Since your last renewal, the government has extended the deadline for when these plans can no longer be offered. The new deadline is January 1, 2020. You can keep your existing coverage until then. However, effective January 1, 2020 you will be mapped into an ACA-compliant plan".
ACA compliant plan has things like maturity care (I don't need), drug rehab coverage (I don't need). My plan is fine. My family doctor is on it, I have used medical services and found the coverage and my amount due to be just fine.
So for $160.13 a month. I got some ACA quotes. The closes ACA plan for me would cost $437.78.
Now I pay $1,921.56 for my coverage over 12 months. If I had to buy an ACA plan I would pay $5,253.26 a year for coverage that is no better and in fact has a slightly higher deductible. No thanks ACA, I'm fine.
Not "sad" at all. Not the way you see it or feel things should be, but not sad.
It’s sad to me. It’s my opinion. Is that ok with you? May I please disagree? Sorry if this annoys you, I guess?
What is sad is the label you all too willingly attach to those with the rashness to disagree with you.
Why? I think the things I described are pathetic and sad. Need a tissue? Why can you say things about illegals and Kaepernick and liberals, but I can’t? Seems like you have some creepy obsession with my posts. I recommend you ignore them.
[Edited on 12/15/2018 by BoytonBrother]
So for $160.13 a month. I got some ACA quotes. The closes ACA plan for me would cost $437.78.
Now I pay $1,921.56 for my coverage over 12 months. If I had to buy an ACA plan I would pay $5,253.26 a year for coverage that is no better and in fact has a slightly higher deductible. No thanks ACA, I'm fine.
And this is exactly how it should work. It may not be better than what you have, it it’s an arrdoable option for the self-employed or unemployed, and many others. But surely not for everyone. The point is that there is a way for all Americans to be covered, and that’s a sacrifice that any fortunate American should be willing to make, IMO.
So for $160.13 a month. I got some ACA quotes. The closes ACA plan for me would cost $437.78.
Now I pay $1,921.56 for my coverage over 12 months. If I had to buy an ACA plan I would pay $5,253.26 a year for coverage that is no better and in fact has a slightly higher deductible. No thanks ACA, I'm fine.
And this is exactly how it should work. It may not be better than what you have, it it’s an arrdoable option for the self-employed or unemployed, and many others. But surely not for everyone. The point is that there is a way for all Americans to be covered, and that’s a sacrifice that any fortunate American should be willing to make, IMO.
It is only more affordable if somebody gets the subsidy. My payment of $160.13 wouldn't be possible if only ACA plans existed and I would be paying $437.78 instead. That isn't more affordable, that is less affordable.
FYI, I'm reading that my plan is only still available because I was enrolled in it prior to 2014. That must be the cuttoff that Congress has made exemptions for. It is closed to new enrollees, so nobody else can buy into that plan now.
It is only more affordable if somebody gets the subsidy.
Correct. And if you do qualify for this subsidy, you are likely among the less fortunate who deserve it, IMO.
My payment of $160.13 wouldn't be possible if only ACA plans existed and I would be paying $437.78 instead. That isn't more affordable, that is less affordable.
Exactly, “if only ACA plans existed”, which is never the case. It is intended to exist among lots of insurance programs and doesn’t interfere with many who have it through their company, such as most corporate workers. It’s an option for those who don’t have access to it otherwise.
And helps reduce the burden on hospitals and doctors across America that are saddled with treating whoever shows up in the ER for insignificant lifestyle illnesses. But that’s for a whole different thread.
Under the ACA, people who earn up to 400 percent of the poverty level (about $48,500 for an individual and $100,400 for a family of four in 2019) are eligible for premium subsidies. Eighty-seven percent of the 10.6 million people with ACA plans this year received a subsidy.
It really creates an unaffordable situation if you fall outside that subsidy cut off. Several stories out there for individuals and self employed people who make just over the subsidy cut off and can't afford the insurance premiums of the ACA plans.
The whole system is one big cluster fuck. Employer sponsored plans, individual plans, ACA plans, Medicaid, Medicare. I really just want the whole system blown up and create one system for everyone.
The lynch-pin of Obamacare is (was) the individual mandate. That particular requirement has always been hated by the American People. When asked why the individual mandate was in the ACA, one of the primary Obamacare architects, Jonathan Gruber admitted it was a doomed requirement but necessary to ensure the viability of the ACA. In the interview where that admission was said Gruber also admitted that they got away with it because “the voters are stupid”.
In 2017 the U.S. Congress got rid of the individual mandate effectively killing the ACA.
U.S. District Judge Reed O’Connor cited the now gone individual mandate in his legally sound ruling that Obamacare is unconstitutional.
The ruling text:
https://www.documentcloud.org/documents/5629711-Texas-v-US-Partial-Summary-Judgment.html
It really creates an unaffordable situation if you fall outside that subsidy cut off. Several stories out there for individuals and self employed people who make just over the subsidy cut off and can't afford the insurance premiums of the ACA plans.
I’d like to examine the lifestyles of those who afford it just fine and those who struggle with it. I agree that it’s been a mess for many decades. Why? Because of free capitalism to profit as much as we want. As long as that remains top priority, it will always be a mess.
They should have an alternate plan ready to put into place before they scrap it and get rid of Obamacare. Yes the deductibles are TOO high and unaffordable for most people and families, but surgeries and even medications that people need must be taken into account. You can't just tell 20 million people their medications will no longer be covered. I need one drug (anticoagulant) it costs $500 a month. Insurance has to cover that.
Who is this wack job judge anyway? I don't think he, Trump, myself or anyone else understand the the sweeping scope and the number of People affected by this extremely broad and definitely half cocked ruling. I believe from what I am reading, that it could affect, Medicare and Medicaid and a lot of other stuff. I know Trump is celebrating, but this could be a very serious crisis that touches 100 million People or more???..............Peace............joe
They should have an alternate plan ready to put into place before they scrap it and get rid of Obamacare. Yes the deductibles are TOO high and unaffordable for most people and families, but surgeries and even medications that people need must be taken into account. You can't just tell 20 million people their medications will no longer be covered. I need one drug (anticoagulant) it costs $500 a month. Insurance has to cover that.
Yes they should've had an alternative plan, but there are some things that Republicans are just not good at. Healthcare just isn't one of them. Oh sure, they may have some abstract idea like "competing across state lines" or some other BS, but coming up with a viable plan is not a party strength on this issue. ACA was not the Democrat's favorite or best idea either, but it was the most possible. Even though it was a strict party line vote, there are plenty of Dems that are owned by the insurance industry.
For the most part, we have an insurance system. They don't have to cover anything, your medication included. What we need is a basic healthcare system. Health insurance and health care are really not the same thing.
