The Briefing Room
General Category => Health/Education => Topic started by: To-Whose-Benefit? on September 06, 2018, 08:17:36 pm
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Washington Examiner
Robert King
September 05, 2018 03:45 PM
[excerpt]
https://www.washingtonexaminer.com/policy/healthcare/federal-judge-sympathetic-to-lawsuit-to-end-obamacare (https://www.washingtonexaminer.com/policy/healthcare/federal-judge-sympathetic-to-lawsuit-to-end-obamacare)
A federal judge appeared to be sympathetic to the legal argument used by 20 states to make the case for striking down Obamacare’s pre-existing condition protections during a critical hearing on Wednesday, according to a report.
U.S. District Judge Reed O’Connor presided over the hearing Wednesday in Fort Worth, Texas on the lawsuit brought by Texas and 19 other states. The hearing was on a preliminary injunction to halt federal enforcement of the law while the lawsuit makes its way through the courts. If O’Connor grants it, insurers would no longer be required to include protections for people with pre-existing conditions in Obamacare plans.
O’Connor did not immediately rule on the lawsuit’s motion for an injunction during the hearing.
The crux of Texas’ lawsuit is that Obamacare cannot stand because the individual mandate’s financial penalty will be zeroed out starting in 2019. A collection of 17 states led by California defended the law, arguing that it wasn’t Congress’s intent to get rid of the rest of the law when it repealed the financial penalty in tax reform last year.
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Even if this judge issues a ruling that deems obamacare is invalidated by Congress' decision to end the penalties, it will still have to "work its way upward" again, first through the appellate level, and then finally to the Supreme Court (IF The Court decides to take the case).
Hard to say how it will go this time with Gorsuch and Kavanaugh.
Will Roberts change his mind?
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With Gorsuch and Kavanaugh we should ne fine. Roberts? Who cares So long as no one wakes up Ruthie before they vote.