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re: Can someone please explain the recent Obamacare ruling?
Posted on 12/16/18 at 11:02 am to MileHighDraw
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
Posted on 12/16/18 at 11:19 am to Powerman
quote:
When ACA was first being debated in court it was upheld as constitutional because the individual mandate was considered a tax
No, the individual mandate was ruled constitutional because of the tax. The entirety of Obamacare doesn’t depend on the individual mandate being constitutional. E.g. one of the biggest parts of Obamacare is Medicare expansion. The power of Congress to spend money is expressly laid out in the Constitution - it has nothing to do with the individual mandate.
This ruling will be overturned on appeal and probably it won’t even be heard by the Supreme Court. It’s a really, really bad decision.
This post was edited on 12/16/18 at 11:20 am
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