Can ‘Texas v. United States’ Set Us Free From Obamacare?

[IsailedawayfromFR]

Ignore everything you have been told by the “news” media about Texas v. United States, the lawsuit recently filed by 20 states challenging the constitutionality of Obamacare. The Fourth Estate, in its all but official role as the public relations department of the Democratic Party, has generally downplayed the suit as yet another futile attempt by fanatical Republicans bent on destroying former President Obama’s “legacy.” Following their usual playbook for reporting constitutional challenges to the “Affordable Care Act” the media briefly sneered about its merits and then, to paraphrase David Burge, “covered the story with a pillow.”

It is nonetheless an important case and it’s useful to review the basis on which the plaintiffs actually base their case against the mandate: In 2012, a majority of the Supreme Court’s justices — including Chief Justice Roberts — rejected the government’s claim that Congress could impose the individual mandate pursuant to the Commerce Clause of the Constitution. Yet Roberts held that the mandate was still constitutional because its penalty was a tax collected by the IRS to raise revenue. The plaintiffs argue that this “saving construction” evaporated when Congress reduced the penalty to zero last year. Their complaint puts it as follows:

The Patient Protection and Affordable Care Act… as recently amended, forces an unconstitutional and irrational regime onto the States and their citizens. Because this recent amendment renders legally impossible the Supreme Court’s prior saving construction of the Affordable Care Act’s core provision — the individual mandate — the Court should hold that the ACA is unlawful and enjoin its operation.

In other words, because Congress has no authority to impose the individual mandate pursuant to the Commerce Clause, and it can’t be justified as a revenue-raising device (since enactment of the Tax Cuts and Jobs Act of 2017), the mandate must be struck down.
https://spectator.org/can-texas-v-united-states-set-us-free-from-obamacare/

[Sanguine]

I would prefer Congress take appropriate action, but if this is how we have to go about winning, fine.

[bilo]

We can only pray that the SCOTUS will finally end the govt tyranny known as obamacare. It's painfully clear the Pubs in DC can't be counted on to do what they promised.

[edpc]

I would prefer Congress take appropriate action, but if this is how we have to go about winning, fine.

They had always promised repeal-and-replace. This approach keeps them from being held accountable for any terrible things their legislation would have inevitably included.  From that standpoint, we can be somewhat grateful they did not act.

[Formerly Once-Ler]

They had always promised repeal-and-replace. This approach keeps them from being held accountable for any terrible things their legislation would have inevitably included.  From that standpoint, we can be somewhat grateful they did not act.

Excellent observation.

[Suppressed]

Even if it's struck down, the question remains, how do we address the problems that ObamaCare was meant to address?  E.g., emergency Rooms flooded with uninsured, causing mandated, uncompensated burdens on hospitals.

[bilo]

They had always promised repeal-and-replace. This approach keeps them from being held accountable for any terrible things their legislation would have inevitably included.  From that standpoint, we can be somewhat grateful they did not act.

Preserving the Pub party at the expense of my God given individual liberty is not of interest to me.

[IsailedawayfromFR]

Even if it's struck down, the question remains, how do we address the problems that ObamaCare was meant to address?  E.g., emergency Rooms flooded with uninsured, causing mandated, uncompensated burdens on hospitals.

Well, recklessly passing unconstitutional legislation in the middle of the night and during a holiday after bribing certain lawmakers like Landrieu and outright lying to the American public that 'If you like your doctor, you keep your doctor' is certainly not the way to do it.

Any idiot could have predicted that one.

[bilo]

Even if it's struck down, the question remains, how do we address the problems that ObamaCare was meant to address?  E.g., emergency Rooms flooded with uninsured, causing mandated, uncompensated burdens on hospitals.

An over blown self serving crisis for more govt control over our lives. County hospitals exist for the indigent and Medicaid exists for the poor.

It is unreasonable to demand that private hospitals treat patients with no means, or desire, to pay for the services they consume.

obamacare turned my business upside down. It ended healthcare coverage for individuals that worked for me and it changed my employment practices. A lot of folks thought this was all for the good, yet almost all of them were never directly affected by it. 

[bilo]

Well, recklessly passing unconstitutional legislation in the middle of the night and during a holiday after bribing certain lawmakers like Landrieu and outright lying to the American public that 'If you like your doctor, you keep your doctor' is certainly not the way to do it.

Any idiot could have predicted that one.

 

[Sanguine]

An over blown self serving crisis for more govt control over our lives. County hospitals exist for the indigent and Medicaid exists for the poor.

It is unreasonable to demand that private hospitals treat patients with no means, or desire, to pay for the services they consume.

obamacare turned my business upside down. It ended healthcare coverage for individuals that worked for me and it changed my employment practices. A lot of folks thought this was all for the good, yet almost all of them were never directly affected by it.

 

And, in my part of the world, illegals fill the ERs.

[edpc]

Preserving the Pub party at the expense of my God given individual liberty is not of interest to me.

OK, but my comment had nothing to do with their preservation.  It was about their penchant for making a bad situation worse.

[truth_seeker]

https://www.nytimes.com/interactive/2017/07/25/us/politics/senate-votes-repeal-obamacare.html

Here it can clearly be seen exactly which Republican Senators stood in the way of ridding us of Obamacare.

IOW it is NOT the GOP failed, but rather a handful of Senators in the GOP.

[IsailedawayfromFR]

https://www.nytimes.com/interactive/2017/07/25/us/politics/senate-votes-repeal-obamacare.html

Here it can clearly be seen exactly which Republican Senators stood in the way of ridding us of Obamacare.

IOW it is NOT the GOP failed, but rather a handful of Senators in the GOP.

why are you excluding all the Dems, which are the ones who saddled thus monstrosity upon us?  That is not a fail in your mind?

[Formerly Once-Ler]

https://www.nytimes.com/interactive/2017/07/25/us/politics/senate-votes-repeal-obamacare.html

Here it can clearly be seen exactly which Republican Senators stood in the way of ridding us of Obamacare.

IOW it is NOT the GOP failed, but rather a handful of Senators in the GOP.

I'm not paying for NYT's propaganda so forgive me for asking for names please, if you know the correct targets.  Over a week the GOP rejected 3 repeal bills in2017.  As I recall 9 republicans voted against the leadership bill or the clean repeal I forget which.  8 republicans voted against the other one a day later, and 3 voted against the skinny repeal the 3 days later when McCain . 

I completely agree that America needs to expunge the skinny repeal "no" voters, because McCain, Murkowski, and Collins seats would be better filled by people who will vigorously obstruct Trump.  I don't know or care what the viable alternative to GOP Establishment RINOs are, but we need them yesterday.  Additionally we really should be focused on replacing the 17% of GOP leadership bill and straight repeal "no" voters too.  Any "Republican" who campaigns on ending Obamacare for 6 years but votes to protect it, needs to self deport like Flake or be removed like Cantor. 

Let's stop praying for someone to save us and start saving ourselves
Let's stop this and start over
Let's go out - let's get going
 

[truth_seeker]

why are you excluding all the Dems, which are the ones who saddled thus monstrosity upon us?  That is not a fail in your mind?

I excluded them, since on all three measures, the dems were ALL Nos. With one click the data comes up n chart form.

[libertybele]

We can only pray that the SCOTUS will finally end the govt tyranny known as obamacare. It's painfully clear the Pubs in DC can't be counted on to do what they promised.

Except, the SCOTUS ruling in the past is why we have Bammycare.  Chief Justice John Roberts, whom everyone though was conservative, ruled in favor.

[edpc]

Except, the SCOTUS ruling in the past is why we have Bammycare.  Chief Justice John Roberts, whom everyone though was conservative, ruled in favor.

That’s true and I’m not going to defend his decision.  However, after repeatedly saying ‘it is not a tax’ during the legislative process and after signing it, the administration sent their lawyer into SCOTUS to argue the opposite.  The decision was ultimately made over the constitutional authority of Congress to tax.

[Frank Cannon]

Can ‘Texas v. United States’ Set Us Free From Obamacare?

Not if Ted Cruz has anything to say about it.

[libertybele]

Can ‘Texas v. United States’ Set Us Free From Obamacare?

Not if Ted Cruz has anything to say about it.

???? Perhaps you might want to review Medellin v. Texas.

[LauraTXNM]

Even if it's struck down, the question remains, how do we address the problems that ObamaCare was meant to address?  E.g., emergency Rooms flooded with uninsured, causing mandated, uncompensated burdens on hospitals.

Agreed.  Also pre-existing conditions.

[Sanguine]

???? Perhaps you might want to review Medellin v. Texas.

I think he's being ironic.

[libertybele]

Even if it's struck down, the question remains, how do we address the problems that ObamaCare was meant to address?  E.g., emergency Rooms flooded with uninsured, causing mandated, uncompensated burdens on hospitals.

Granted the cost of medical treatment is sky rocketing, but we need more organizations like we have around where I live. They serve the working uninsured and under insured. It is a Christian, strictly non-profit medical facility that gives basic medical needs, physicals, gynecological exams, acute illness care, addiction services, mental health counseling, minor procedures etc., for a very, very low cost.  It is staffed primarily with ARNP's, medical assistants. 

Secondly, we need to STOP treating and giving healthcare to illegals. IF one is NOT a citizen of the United States and has no way to pay for services then they should be turned away.  I know that sounds callus, but having worked in a hospital, I saw too many 'patients' with a Mexican matricula consular card receive FREE medical for minor cuts to broken limbs, medical tests such as colonoscopies, xrays, MRI's, and various different surgeries.  Not to mention free prenatal care and labor and delivery. Yes, these services were all provided by the hospital completely free of charge. Some would have the audacity to complain and for most we would have to call in a translator as they couldn't speak English! I would venture to say that the vast majority of them never contributed dime one to our healthcare system.

[IsailedawayfromFR]

I excluded them, since on all three measures, the dems were ALL Nos. With one click the data comes up n chart form.

Since they are the ultimate failures of America, they cannot be excluded under any circumstance.

[IsailedawayfromFR]

Agreed.  Also pre-existing conditions.

I have no idea of what you are talking about.

Are you attempting to say that insurance should cover pre-existing conditions?

If so, then you are totally blank on what insurance is.