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Can someone please explain the recent Obamacare ruling?
Posted on 12/16/18 at 10:14 am
Posted on 12/16/18 at 10:14 am
So a judge in Texas ruled Obamacare unconstitutional... my questions are...
Why did it take 5+ years to determine it was unconstitutional?
What happens to Obamacare now that this judge made his ruling?
Why did it take 5+ years to determine it was unconstitutional?
What happens to Obamacare now that this judge made his ruling?
Posted on 12/16/18 at 10:16 am to MileHighDraw
SCOTUS ruled that Obamacare was constitutional with the individual mandate attached because it was seen by the Roberts Court as a tax. The individual mandate was removed from the law by Congress within the last year. As a result, the federal judge in Texas ruled the entire law unconstitutional because the tax (individual mandate) was no longer part of the law.
This ruling will eventually have to be heard again by the Supreme Court.
This ruling will eventually have to be heard again by the Supreme Court.
This post was edited on 12/16/18 at 10:17 am
Posted on 12/16/18 at 10:18 am to MileHighDraw
TLDR version
Individual mandate was repealed in the tax law. Roberts upheld the ACA based on twisting the mandate into a tax. Without the mandate states again sued that the law was unconstitutional and this judge agreed.
Obamacare stays as this works it’s way back to SCOTUS. Ultimately it will be struck down or Roberts will humiliate himself again.
Individual mandate was repealed in the tax law. Roberts upheld the ACA based on twisting the mandate into a tax. Without the mandate states again sued that the law was unconstitutional and this judge agreed.
Obamacare stays as this works it’s way back to SCOTUS. Ultimately it will be struck down or Roberts will humiliate himself again.
Posted on 12/16/18 at 10:38 am to MileHighDraw
It’s been appealed and Aca stays in the effect for the time being. Will likely work it’s way up around summer 2020.
Posted on 12/16/18 at 10:54 am to MileHighDraw
This ruling will almost certainly be overturned on appeal, and I assume the USSC will refuse to hear it.
The lack of the individual mandate has no bearing on Medicaid expansion funding, allowing adults to stay on their parents plans, or regulations about which preventative measures must be covered as part of a plan.
The individual mandate was just about subsidizing cost for pre-existing conditions and retaining profit for insurance companies. There was a whole lot more shite in the law that a $0 penalty has no effect on.
The lack of the individual mandate has no bearing on Medicaid expansion funding, allowing adults to stay on their parents plans, or regulations about which preventative measures must be covered as part of a plan.
The individual mandate was just about subsidizing cost for pre-existing conditions and retaining profit for insurance companies. There was a whole lot more shite in the law that a $0 penalty has no effect on.
Posted on 12/16/18 at 11:00 am to MileHighDraw
What I hope it eventually leads to is the liberals having to get a job and support themselves instead of sponging off the rest of us
Posted on 12/16/18 at 11:02 am to MileHighDraw
quote:
Why did it take 5+ years to determine it was unconstitutional?
It was ruled unconstitutional based on legislative changes from the 2017 tax cut bill that removed the individual mandate
When ACA was first being debated in court it was upheld as constitutional because the individual mandate was considered a tax
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