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The Constitution & The Judicial Branch Discuss Texas Judge Strikes Down Obama’s Affordable Care Act as Unconstitutional at the Political Forums; Originally Posted by AZRWinger Congress shows its intent by including or in this case dropping severability language from the law. ...

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Old 12-17-2018, 07:49 AM
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Default Re: Texas Judge Strikes Down Obama’s Affordable Care Act as Unconstitutional

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Originally Posted by AZRWinger View Post
Congress shows its intent by including or in this case dropping severability language from the law. Democrat Harry Reid executed a series of back room maneuvers to shield the Obamacare bill drafted in secret by his office from normal order. Nancy Pelosi did likewise in the House going so far as to create a second bill with changes to the Senate bill so as to subvert the conference process. Democrats then muscled Obamacare through on a straight party line vote. Through all that Democrat partisan chicanery no severability language was included in the 2,700 page law.

It defies credulity to claim that Congress inferred severability when no such language was included in the law nor has it been amended to include it. Given the cheering by Resistance zealots every time a forum shopped Federal district judge issues a nation wide injunction second guessing President Trump, it is the height of hypocrisy to condemn a Federal judge on the basis of imagined Congressional intent. Progressives are all in favor of an overreaching Federal judiciary implementing their agenda but when a decision goes against their "interpretation" of intent well, it's OK to undermine the rule of law by challenging it.
True that.


Now, here is the irony.

The GOP vote4d to repeal Obamacare 40 times under Obama. Of course he never signed it into law because the Senate seldom agreed. Once they had the majority in both houses and the White house, they still failed to deliver a revocation of the b@stard child of Pelosi/Schumer/Obama.

Or a replacement program.

So, thanks to the GOP, this opportunity to properly develop a usable working program for healthcare access is once again in the hands of the Democrats. I simply cannot get very excited about the results.
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Old 12-17-2018, 09:43 AM
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Default Re: Texas Judge Strikes Down Obama’s Affordable Care Act as Unconstitutional

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Originally Posted by FrancSevin View Post
True that.


Now, here is the irony.

The GOP vote4d to repeal Obamacare 40 times under Obama. Of course he never signed it into law because the Senate seldom agreed. Once they had the majority in both houses and the White house, they still failed to deliver a revocation of the b@stard child of Pelosi/Schumer/Obama.

Or a replacement program.

So, thanks to the GOP, this opportunity to properly develop a usable working program for healthcare access is once again in the hands of the Democrats. I simply cannot get very excited about the results.
It took 60 votes all Democrats in the Senate to muscle Obamacare through. Nancy Pelosi pulled out all the stops to avoid another Senate vote after Scott Brown promised to become the 41st vote against Obamacare.

I give Republicans credit for repealing the individual mandate tax. But Republican Congressional leadership lacks the single minded determination to carry out the promise to repeal and replace. Ryan was too timid to pass a straight repeal bill. McConnell declined to punish McCain for promising to vote for reform then scuttling the effort.
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Old 12-17-2018, 01:26 PM
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Default Re: Texas Judge Strikes Down Obama’s Affordable Care Act as Unconstitutional

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Originally Posted by AZRWinger View Post
It took 60 votes all Democrats in the Senate to muscle Obamacare through. Nancy Pelosi pulled out all the stops to avoid another Senate vote after Scott Brown promised to become the 41st vote against Obamacare.

I give Republicans credit for repealing the individual mandate tax. But Republican Congressional leadership lacks the single minded determination to carry out the promise to repeal and replace. Ryan was too timid to pass a straight repeal bill. McConnell declined to punish McCain for promising to vote for reform then scuttling the effort.
ACA otherwise known as Obamacare, placed under gubmit control, some 20% of our National economy. When doing so, they did so without reading the bill much less publishing it for public debate. THIS IS THE SAME PARTY THAT DEMANDS WE BECOME APURE DEMOCRACY. But refuses to let the public know the true facts of pending legislation.

Hell The legislators themselves did not want to know or they would have been held accountable, and they knew it. So Obamacare was born illegitimately so we all could then know what was in the bill. After which the SCOTUS determined it was a Tax increase so it would somehow be legit.

Now that the mandate is gone, ACA is no longer constitutional. It has already been determined we cannot separate the baby from the bathwater much less do a Solomon divide. So where from here can we go?



The 54 page opinion published by this judge is pretty convincing. Some experts are claiming 6 to 1 in the Scotus if not 7 to 0. There are people who swallowed the bait and now depend on Obamacare who will be at risk. The media and the Dems ( but I repeat myself) will appeal to the emotions of that predicament, and blame Trump who had nothing to do with ACA.

But this is on Obama, Pelosi, Schumer and the GOP leadership that let it happen.

The Dems want Obamacare as the mess it is. The GOP wants a political foil. Neither wants to solve the problem leaving WE THE PEOPLE out in the cold on our own. Frankly, a few years of that without the Gubmint helping, we will probably be better off than with anything Congress will place before this President by 2020.
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Old 12-17-2018, 02:04 PM
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Default Re: Texas Judge Strikes Down Obama’s Affordable Care Act as Unconstitutional

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We noticed it about 5 years before he retired for the first time. the 90s I'd say. In fact the company my husband worked for kept researching and contracting with (if that's the proper term) new insurance companies to provide us with low cost and quality coverage. Finally they did the insurance themselves and saw that they could not keep it low either. The insurance lady over all that had something equivalent to a nervous breakdown ; she was so frazzled from the changes and the complaints and the changes in pricing of prescription drugs and other services.
I do know that in the eighties I noticed a lot of corporate by ups of small hospitals.
In the 70s insurance was fairly affordable but even then couldn't have a pre existing illness.
Also a lot of drugs went up every month. some co's were sued over it. my thyroid med co was one.
Also brand to generic (patenting) has been skewed to keep a drug on the market 10 years after it should have gone generic. that needs to be outlawed as fraud.
Its like when the Clintons lost their battle with insurance and pharma, the opposition took it a step further and really started jacking the price as if to say see here if you mess with us we'll really stick it to ya.
so you got the when.
well at least in your personal experience.
i submit it started before then.
but you didn’t get to the cause or why it hadn’t before.
it comes down to government involvement.
and there are different types and levels of involvement each with its own effect.
one could point to medicare beginning in the ‘60s or HMOs in the ‘70s
even the aca didn’t deliver on its affordability promise.
and whatever comes next from our government you can darn well bet will add to our costs.
first do no harm doesn’t seem to apply to government.
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Old 12-18-2018, 12:55 AM
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Default Re: Texas Judge Strikes Down Obama’s Affordable Care Act as Unconstitutional

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Originally Posted by Gordon Shumway View Post
so you got the when.
well at least in your personal experience.
i submit it started before then.
but you didn’t get to the cause or why it hadn’t before.
it comes down to government involvement.
and there are different types and levels of involvement each with its own effect.
one could point to medicare beginning in the ‘60s or HMOs in the ‘70s
even the aca didn’t deliver on its affordability promise.
and whatever comes next from our government you can darn well bet will add to our costs.
first do no harm doesn’t seem to apply to government.
The world and how economics works in America has changed since then. So has employment.
I am for Medicare for all. I think Obama should have at least had a single payer option but at least the ACA was a step forward. Like DACA and DADT.
Eventually we will have single payer but I hope it's out of whole cloth getting rid of private health insurance altogether. I see Medicare as the obvious easy way to do that and already has provisions for preexisting built in.
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Old 12-18-2018, 05:59 AM
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Default Re: Texas Judge Strikes Down Obama’s Affordable Care Act as Unconstitutional

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The 54 page opinion published by this judge is pretty convincing. Some experts are claiming 6 to 1 in the Scotus if not 7 to 0.
Someone who thinks there are only 7 justices on the Supreme Court probably doesn’t qualify as an “expert.”
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Old 12-18-2018, 06:34 AM
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Default Re: Texas Judge Strikes Down Obama’s Affordable Care Act as Unconstitutional

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Someone who thinks there are only 7 justices on the Supreme Court probably doesn’t qualify as an “expert.”
Indeed, there will be at least 3 Justices and Roberts who will reflexively support Obamacare no matter what. The argument will be that throwing it out would deprive too many of medical care. Our modern SCOTUS acting as a super legislature.

With Kennedy gone the decision will rest with the 2 Trump appointees. The history of supposedly Conservative justices aiding with imposing the Progressive agenda by fiat is not promising.
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Old 12-18-2018, 06:46 AM
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Default Re: Texas Judge Strikes Down Obama’s Affordable Care Act as Unconstitutional

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Originally Posted by Gordon Shumway View Post
so you got the when.
well at least in your personal experience.
i submit it started before then.
but you didn’t get to the cause or why it hadn’t before.
it comes down to government involvement.
and there are different types and levels of involvement each with its own effect.
one could point to medicare beginning in the ‘60s or HMOs in the ‘70s
even the aca didn’t deliver on its affordability promise.
and whatever comes next from our government you can darn well bet will add to our costs.
first do no harm doesn’t seem to apply to government.
Socialized medicine, dressed up as Medicare for all, inevitably leads to cost containment by rationing. Too much expense by specialist care? Penalize primary care physicians by reducing reimbursements across the board for Medicaid patients, this is the Obamacare solution. Too much expense from diagnostic testing? Slash the availability of diagnostic equipment like Canada does. Oh brave new world where eligibility for care doesn't preclude dying while waiting in line to receive your health care ration.
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  #49 (permalink)  
Old 12-18-2018, 07:24 AM
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Default Re: Texas Judge Strikes Down Obama’s Affordable Care Act as Unconstitutional

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Socialized medicine, dressed up as Medicare for all, inevitably leads to cost containment by rationing. Too much expense by specialist care? Penalize primary care physicians by reducing reimbursements across the board for Medicaid patients, this is the Obamacare solution. Too much expense from diagnostic testing? Slash the availability of diagnostic equipment like Canada does. Oh brave new world where eligibility for care doesn't preclude dying while waiting in line to receive your health care ration.
During the Obama years our military shuttered bases and had 40% of our planes and ships "out of service" due to "sequestration"

Imagine the horror stories if our socialize medical system suffered under the effects of Sequestrations
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Old 12-18-2018, 08:20 AM
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Default Re: Texas Judge Strikes Down Obama’s Affordable Care Act as Unconstitutional

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Indeed, there will be at least 3 Justices and Roberts who will reflexively support Obamacare no matter what. The argument will be that throwing it out would deprive too many of medical care. Our modern SCOTUS acting as a super legislature.

With Kennedy gone the decision will rest with the 2 Trump appointees. The history of supposedly Conservative justices aiding with imposing the Progressive agenda by fiat is not promising.
Kennedy dissented in the Sebelius case. The five justices who voted to uphold the ACA are all still on the Court. But, I highly doubt that the merits of this decision ever reach the Supreme Court. The likely path will be reversal by the Fifth Ciruit for failure to properly consider severability issues and the Supreme Court denying cert on any appeal of that decision. It will then go back to the District Court.
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