Dems lash out at judge for ruling Obamacare unconstitutional

Faith Castro
December 21, 2018

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". During a panel event a year ago about how the legislation passed, turning over a sixth of the USA economy to the government, Gruber admitted that the Obama administration went through "tortuous" measures to keep the facts about the legislation from the American people, including covering up the redistribution of wealth from the healthy to the sick in the legislation that Obamacare is in fact a tax.

Some conservative critics have accused him of providing the roadmap to save ObamaCare, citing a 2011 case where Kavanaugh dissented against the ruling but acknowledged the Affordable Care Act's "individual mandate provision" could fit "comfortably within Congress' Taxing Clause power". The ruling will not impact Hoosier health care right now. 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. The rest of the law can not be separated from that provision and is therefore invalid, he wrote.

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.

Hill says he expects the ruling will be challenged through the appeal process.

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

The question now is, how will House Democrats handle this?

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"Judge O'Connor's opinion was legally indefensible from start to finish", Laurence Tribe, a professor at Harvard Law School, told Salon by email. 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 case will be appealed, said Hill, and it will take many years to get to the Supreme Court, so "nothing is happening" with regard to the high deductibles involved in many Obamacare plans. "I rarely reach this conclusion, but only a results-driven policy agenda could begin to explain his absurd conclusion that Congress's 2017 decision to zero out the penalty for not buying the insurance mandated by the ACA while retaining the rest of the ACA somehow rendered the entire ACA unconstitutional".

Once the mandate tax was removed, "there's no longer a constitutional basis for Obamacare".

"We'll admit to a certain satisfaction in seeing the Chief Justice hoist on his own logic", the Journal editorial said.

"The Affordable Care Act has also been up and running since 2014, which means so-called reliance interests come into play when considering a precedent". "So we have seen empirically that the law - that it is severable". Our guess is that even the right-leaning Fifth Circuit Court of Appeals judges will overturn Judge O'Connor on this point.

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