Federal Judge Rules Obamacare Unconstitutional
A Federal judge ruled that Obamacare is unconstitutional now that the “tax” has been removed, based on a lawsuit from 20 GOP-led states. Democrats asked the court not to rule on the issue during the ACA’s “open enrollment” period. The ruling came during the open enrollment period (Texas, you know). So the Democrats are screaming the usual panic that “people will be without insurance!!!!!!##$$$$%!!!!!!” Not true. The law remains intact pending an appeal. And even then, Congress is now charged with revamping the law.
As I predicted all along, Obamacare has been struck down as an UNCONSTITUTIONAL disaster! Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions. Mitch and Nancy, get it done!
— Donald J. Trump (@realDonaldTrump) December 15, 2018
And the Democrats:
The GOP spent all last year pretending to support people with pre-existing conditions while quietly trying to remove that support in the courts.
Next year, we will force votes to expose their lies. They will no longer be able to get away with lying to the American people.
— Chuck Schumer (@SenSchumer) December 15, 2018
Premium costs, pre-existing condition costs, subsidies…finding a solution to the high price of healthcare will not be easy.
USA Today reported,
In his 55-page ruling, U.S. District Court Judge Reed O’Connor in the Northern District of Texas agreed with a coalition of Republicans that it was unconstitutional to mandate that individuals buy health insurance or be taxed for not complying. He said last year’s tax cut bill knocked the constitutional foundation from under Obamacare by eliminating a penalty for not having coverage.
“The court today finds the individual mandate is no longer fairly readable as an exercise of Congress’s tax power and continues to be unsustainable under Congress’s interstate commerce power,” O’Connor, a George W. Bush appointee, wrote. “The court therefore finds the individual mandate, unmoored from a tax, is unconstitutional.”
The penalty for failure to have insurance was $695 or 2.5% of income, whichever is greater. It’s the main contention in that part of the ACA. You had to have insurance or the government “taxed” you, which is why the Supreme Court initially kept the law, ruling it as a “tax.” But in the Tax Cut bill, that portion of the ACA was deleted…which means that the government can no longer “tax” people if they don’t have insurance. Good for us, bad for the ACA.
The ACA has cost American taxpayers nearly $700 Billion due to the subsidizing of lower income people in the law. The hysteria from Democrats is “normal” for them, but not correct. Sarah Sanders, White House Press Secretary reminded people that the law remains intact until the case has been heard on appeal.
Next time the Google CEO lies to Congress about not being biased, just show them this article. This morning, the top Google headlines about a Federal Judge declaring Obamacare unconstitutional all showed left-leaning outlets. Nary a Conservative outlet among them. Just sayin’.