Author Topic: ObamaCare UnConstitutional  (Read 910 times)

Seriati

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ObamaCare UnConstitutional
« on: December 14, 2018, 09:31:25 PM »
Lol, in a shocking end of Friday ruling (you know how I love those), a Texas DC has ruled ObamaCare UnConstitutional and held that without the individual mandate the entire act be struck down.

https://www.foxnews.com/politics/obamacare-ruled-unconstitutional-by-texas-judge

cherrypoptart

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Re: ObamaCare UnConstitutional
« Reply #1 on: December 14, 2018, 11:35:47 PM »
It was always such an overreach of power.

Fenring

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Re: ObamaCare UnConstitutional
« Reply #2 on: December 14, 2018, 11:41:45 PM »
Side question, but what would stop individual states from enacting a new health care system, even a single payer system? Does such a thing have to be Federal in scope?

cherrypoptart

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Re: ObamaCare UnConstitutional
« Reply #3 on: December 15, 2018, 12:41:52 AM »
Nothing would and nothing should. That was the whole point of Obamacare being unConstitutional, because what isn't explicitly spelled out in the Constitution as a power of the federal government is reserved to the states. Health insurance is mentioned nowhere in the Constitution. And if several states wanted to get together to form their own healthcare collective there is nothing wrong with that either, like the Powerball. Just my understanding of it, anyway.

NobleHunter

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Re: ObamaCare UnConstitutional
« Reply #4 on: December 15, 2018, 09:14:33 AM »
Does it seem weird to anyone else that the arguments over the ACA in court have mostly been about means rather than the entire project? For all that your average conservative will argue that the ACA is unconstitutional from the get go, I haven't seen anything about it in court. Also notable is that the GOP Congress was unwilling to rest its attempt to repeal the ACA on that argument.

This ruling seems pretty dodgy to me though. How can you say the mandate is non-severable when Congress already severed it?

Seriati

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Re: ObamaCare UnConstitutional
« Reply #5 on: December 17, 2018, 03:07:46 PM »
By the way, anyone notice how after the endless complaints about Trump attacking the courts and their rulings, the Democrats have not restrained themselves from attacking this ruling?

I love this title from the NYTimes "lawless."  https://www.nytimes.com/2018/12/15/opinion/obamacare-ruling-unconstitutional-affordable-care-act.html.  But I've also read similar things from Pelosi and a host of others.

I read the opinion, and it made me laugh.  The NYTimes analysis completely ignores what Congress said about the law when it passed, and what the SC said about it when it was upheld.  The centrality of the individual mandate is everywhere in what Congress and the SC did.  It's almost illegitimate to claim otherwise.  Though I grant the amendment that was passed by the 2017 Congress should be read as an expectation that the new Congress thought they could amend the law in this manner, it doesn't alter the mistake they made in forgetting the SC's roadmap to why the law was not unConstitutional in the first place (it was only saved based on the taxing power, which this eliminated).

The only part I agree with, is that the court could elect to sever the clause.  However, doing so would almost certainly require a new explanation that would be built (in the same way the original ruling was) to "save" Obamacare on purpose oriented grounds.