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The Constitution & The Judicial Branch Discuss Texas Judge Strikes Down Obamaís Affordable Care Act as Unconstitutional at the Political Forums; Originally Posted by saltwn Our having a comprehensive immigration bill and being ready for this event could have saved that ...

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Old 12-15-2018, 10:06 AM
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Default Re: Texas Judge Strikes Down Obamaís Affordable Care Act as Unconstitutional

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Our having a comprehensive immigration bill and being ready for this event could have saved that girl's life.
In fact a better relationship with Mexico could possibly have.
Why do you think it's ok that we knew a difficult situation was coming and waited till the last minute is ok?
.

OOH! Let's go back more. Mexico and all those other POS countries that don't care for the common welfare of their people might have prevented this influx of illegal aliens into the United States.
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Old 12-15-2018, 10:40 AM
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Default Re: Texas Judge Strikes Down Obamaís Affordable Care Act as Unconstitutional

[quote=saltwn;956249]
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Originally Posted by jimbo View Post

It came from the California attorney general as reported in The fabulous New York Times
The onliest thing I found regarding the California AG is a statement that the losing states will appeal. No surprise there.

This will go to SCOTUS. And guess what?

Elections have consequences.
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Old 12-15-2018, 11:01 AM
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Default Re: Texas Judge Strikes Down Obamaís Affordable Care Act as Unconstitutional

[quote=jimbo;956271]
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Originally Posted by saltwn View Post

The onliest thing I found regarding the California AG is a statement that the losing states will appeal. No surprise there.

This will go to SCOTUS. And guess what?

Elections have consequences.
Itís very unlikely that this decision gets to the Supreme Court. The Fifth Circuit is almost certain to reverse the decision as incorrectly invalidating the entire ACA and not just the particular provisions it found unlawful. I very much doubt that there would be support at the Supreme Court for granting cert on that aspect of the case.
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Old 12-15-2018, 11:16 AM
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Default Re: Texas Judge Strikes Down Obamaís Affordable Care Act as Unconstitutional

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Originally Posted by Constant_Slothrop View Post
Itís very unlikely that this decision gets to the Supreme Court. The Fifth Circuit is almost certain to reverse the decision as incorrectly invalidating the entire ACA and not just the particular provisions it found unlawful.
The logic is that the Supreme Court ruled that the ACA was legal ONLY IF the mandate was considered a tax...That mandate has been removed, therefore, not tax, so the whole thing isn't legal, not any "particular provisions"...

What the Supreme Court ruled on health care 'tax'

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In its ruling last week on the national health care law, the Supreme Court found that penalties the law places on people who don't buy health insurance count as a tax protected by the Constitution.

...The mandate "looks like a tax in many respects," Roberts wrote. The money is to be paid by people when they file their tax returns and does not apply to those who pay no federal income taxes; the amount someone owes "is determined by such familiar factors as taxable income, number of dependents, and joint filing status," and the "requirement to pay is found in the Internal Revenue Code and enforced by the IRS."

The high court overturned a unanimous decision by the 11th U.S. Circuit Court of Appeals that the mandate did not impose a tax.
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Old 12-15-2018, 12:00 PM
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Default Re: Texas Judge Strikes Down Obamaís Affordable Care Act as Unconstitutional

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The logic is that the Supreme Court ruled that the ACA was legal ONLY IF the mandate was considered a tax...That mandate has been removed, therefore, not tax, so the whole thing isn't legal, not any "particular provisions"...

What the Supreme Court ruled on health care 'tax'
The point is that there are many provisions of the ACA completely unrelated to that tax. There is no basis for invalidating the Medicaid expansion provisions, for example. That overreach will provide the basis for the Fifth Circuit reversal.
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Old 12-15-2018, 12:22 PM
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Default Re: Texas Judge Strikes Down Obamaís Affordable Care Act as Unconstitutional

[quote=Constant_Slothrop;956274]
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Originally Posted by jimbo View Post

Itís very unlikely that this decision gets to the Supreme Court. The Fifth Circuit is almost certain to reverse the decision as incorrectly invalidating the entire ACA and not just the particular provisions it found unlawful. I very much doubt that there would be support at the Supreme Court for granting cert on that aspect of the case.
I wouldn't bet on it.
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Old 12-15-2018, 12:30 PM
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Default Re: Texas Judge Strikes Down Obamaís Affordable Care Act as Unconstitutional

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Originally Posted by Constant_Slothrop View Post
The point is that there are many provisions of the ACA completely unrelated to that tax. There is no basis for invalidating the Medicaid expansion provisions, for example. That overreach will provide the basis for the Fifth Circuit reversal.
What I don't understand is why you don't think this will end up in the SCOTUS?

SCOTUS made the ruling. Along very limited guidelines. The judge said the guidelines have been removed.

Why wouldn't SCOTUS look at it?
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Old 12-15-2018, 01:19 PM
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Default Re: Texas Judge Strikes Down Obamaís Affordable Care Act as Unconstitutional

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What I don't understand is why you don't think this will end up in the SCOTUS?

SCOTUS made the ruling. Along very limited guidelines. The judge said the guidelines have been removed.

Why wouldn't SCOTUS look at it?
Because SCOTUS isnít going to take up a case that will be reversed on essentially procedural grounds.
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Old 12-15-2018, 02:30 PM
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Default Re: Texas Judge Strikes Down Obamaís Affordable Care Act as Unconstitutional

good olí medicare expansion.
gotta love that.
donít be surprised that it becomes the entire healthcare system outside employer provided insurance.
itís something trump supported before he was against it.
itís something i believe most politicians would support because itís a system we already have and it would be easy to hide behind as support for those who have it or may need it.
i have figured from the beginning that this is where the whole thing is headed.
this new challenge and ruling may usher it in.
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Old 12-15-2018, 05:29 PM
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Default Re: Texas Judge Strikes Down Obamaís Affordable Care Act as Unconstitutional

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You're babbling.

What difficult situation we knew was coming and waited until the last minute?
thousands of immigrants fleeing north.
not like it just began. we were first made aware at the end of the Obama term.
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