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NR Editorial: Obamacare Needs an Out-of-Court Settlement
Posted on 12/17/18 at 12:06 pm
Posted on 12/17/18 at 12:06 pm
LINK
They are exactly right. As much as I love seeing the courts poke holes in the law, it’s Congresses responsibility to handle this matter. Senator Sasse had an incredible speech on why the judiciary is so polarizing and it’s because Congress won’t do its job. Depending on the courts is not the way we should be running this country. I think Roberts Obamacare decision was more about telling Congress “you guys need to fix this” than him supporting the law.
quote:
A new district-court decision striking down the law appears to give Congress an opportunity to start over. Yet we cannot applaud Judge Reed O’Connor’s decision. Indeed, we deplore it. It will not lead to the replacement of Obamacare, as much as we desire that outcome. It will instead give Republicans another opportunity to dodge their responsibility to advance legislation toward that end.
It will not lead to the replacement of Obamacare because it is very likely to be overturned on appeal; and it is very likely to be overturned on appeal because it deserves to be.
The law Congress enacted in 2010 included a command that Americans buy health insurance, and not just any health insurance but insurance that met congressional specifications. At the time, there was a broad consensus among health-care experts that without this “individual mandate,” the rest of Obamacare would cause health markets to unravel.
quote:
By 2017, however, the old consensus about the necessity of the mandate to buy insurance had weakened substantially. As part of its 2017 tax-reform law, the Republican Congress, which had failed to replace Obamacare as a whole, set the tax at zero.
That’s where Judge O’Connor comes in. His ruling holds that the individual mandate can no longer be constitutionally justified as a tax now that it is set at zero, and that since Congress considered the mandate central to Obamacare when it enacted that law in 2010, the whole thing has to go. Neither half of this argument is valid.
quote:
The deliberate decision by Congress to eliminate the tax without eliminating the rest of Obamacare, meanwhile, shows that Congress in 2017 no longer considered it essential to the law. (O’Connor claims that the Congress wanted to repeal Obamacare but could not reach the required supermajority in the Senate. That a majority of both chambers would have agreed on a way to repeal Obamacare is not at all clear, and not a proper subject for speculation by a court; and in any case Congress knew that a very likely outcome of passing the tax-reform bill was that most of the law would stay, but the tax would go.)
The Supreme Court has preserved Obamacare, as it has been implemented, even against meritorious legal challenges. It seems highly likely to preserve it against a much weaker one. Republican politicians have repeatedly counted on the courts to deliver them from Obamacare without their having to take any heat for abolishing its popular elements, to come up with workable alternatives, or to accommodate the interests of people who rely on the law while pleasing those who oppose it. O’Connor’s decision is giving them a new dodge: As it winds its way through the courts, they can continue telling the opponents of the law that victory is at hand, continue telling those who benefit from the law that they will protect them whatever happens, and — continue not working on health care
They are exactly right. As much as I love seeing the courts poke holes in the law, it’s Congresses responsibility to handle this matter. Senator Sasse had an incredible speech on why the judiciary is so polarizing and it’s because Congress won’t do its job. Depending on the courts is not the way we should be running this country. I think Roberts Obamacare decision was more about telling Congress “you guys need to fix this” than him supporting the law.
Posted on 12/17/18 at 12:15 pm to TOKEN
quote:
NR Editorial: Obamacare Needs an Out-of-Court Settlement
No it needs a funeral and quickly forgotten about.
Posted on 12/17/18 at 12:20 pm to TOKEN
ACA wasn’t a real fix to healthcare to begin with.
They did zero studies on what works and what doesn’t. They based it off Massachusetts’ Romney Care and did not even bother to evaluate the negative impacts it had in Mass.
It was a cooked up, convuluted law from the start. Very definition of political grandstanding. The bill of goods we were told by politicians has been proven to be bunk.
Like your coverage? You can keep it. False
Keep your doctor? False
Lower premiums? False
They did zero studies on what works and what doesn’t. They based it off Massachusetts’ Romney Care and did not even bother to evaluate the negative impacts it had in Mass.
It was a cooked up, convuluted law from the start. Very definition of political grandstanding. The bill of goods we were told by politicians has been proven to be bunk.
Like your coverage? You can keep it. False
Keep your doctor? False
Lower premiums? False
Posted on 12/17/18 at 12:22 pm to LSUnation78
quote:
ACA wasn’t a real fix to healthcare to begin with.
They did zero studies on what works and what doesn’t. They based it off Massachusetts’ Romney Care and did not even bother to evaluate the negative impacts it had in Mass.
It was a cooked up, convuluted law from the start. Very definition of political grandstanding. The bill of goods we were told by politicians has been proven to be bunk.
Like your coverage? You can keep it. False
Keep your doctor? False
Lower premiums? False
So it should have been easy for the GOP to repeal it in its entirety.
Posted on 12/17/18 at 1:05 pm to Wtodd
quote:
No it needs a funeral and quickly forgotten about.
Maybe so, but you can’t deny the political “bomb” which is killing coverage to medical preconditions. Even Republicans are saying that coverage to preexisting conditions shoudn’t be eliminated but still they have no plan to replace Obamacare. In other words, without their own plan to replace Obamacare then we are looking at Single Payer once Democrats regain power.
Yes, Obamacare sucks but without an alternative the Democrats are taking us to single payer.
This post was edited on 12/17/18 at 1:07 pm
Posted on 12/17/18 at 1:10 pm to boosiebadazz
Sure just tell us where the 8 or 9 dem senators would come from “to repeal it in its entirety.
So stupid
So stupid
Posted on 12/17/18 at 1:11 pm to LSUnation78
quote:
ACA wasn’t a real fix to healthcare to begin with.
They did zero studies on what works and what doesn’t. They based it off Massachusetts’ Romney Care and did not even bother to evaluate the negative impacts it had in Mass.
It was a cooked up, convuluted law from the start. Very definition of political grandstanding. The bill of goods we were told by politicians has been proven to be bunk.
Like your coverage? You can keep it. False
Keep your doctor? False
Lower premiums? False
I’m not disagreeing with any of this, but our entire medical system has been overhauled to Obamacare including payments to hospitals and various providers. To simply kill it with nothing to replace is insanity.
Posted on 12/17/18 at 1:31 pm to TOKEN
No it doesn’t....
Obama needs to be fitted for an orange jumpsuit.......
Obama needs to be fitted for an orange jumpsuit.......
Posted on 12/17/18 at 8:16 pm to TOKEN
quote:
I’m not disagreeing with any of this, but our entire medical system has been overhauled to Obamacare including payments to hospitals and various providers. To simply kill it with nothing to replace is insanity.
I hear what you’re saying. But ACA isn’t as intertwined as deeply as you may think. But I wasn’t implying that it should be repealed at this point with nothing to replace. I was more pointing out that in my opinion it was always intended to fail and require replacing, or atleast very significant “fixing”.
Posted on 12/17/18 at 9:36 pm to boosiebadazz
Except the GOP is in the pocket of insurance companies, who love the law.
Posted on 12/18/18 at 7:14 am to boosiebadazz
quote:
So it should have been easy for the GOP to repeal it in its entirety.
Give an example of the government "giving" something that can easily be "fixed".
Once enough free shite is given to the undeserving masses its almost impossible to change.
Posted on 12/18/18 at 7:37 am to TOKEN
There is zero chance for a legislative fix. Republicans don't have the votes for a real bill, and anything they can get past their base will make healthcare worse and more expensive for the majority of Americans.
Posted on 12/18/18 at 7:39 am to BamaAtl
Won’t need it. Courts will take care of the rest. It’s done. You lost. And I love it.
Posted on 12/18/18 at 7:40 am to BamaAtl
quote:
There is zero chance for a legislative fix. Republicans don't have the votes for a real bill, and anything they can get past their base will make healthcare worse and more expensive for the majority of Americans
Propaganda
Posted on 12/18/18 at 7:43 am to BBONDS25
quote:
Courts will take care of the rest.
No chance of that. Crazy Texas judge's ruling gets overturned, and no chance SCOTUS lets the law die. That sets a terrible precedent and they aren't idiots..unlike you and the Texas judge.
Posted on 12/18/18 at 7:45 am to TOKEN
quote:
I’m not disagreeing with any of this, but our entire medical system has been overhauled to Obamacare including payments to hospitals and various providers. To simply kill it with nothing to replace is insanity
It's not the courts job to care about the consequences of a ruling, nor do we want it to be.
Posted on 12/18/18 at 7:45 am to BamaAtl
quote:
No chance of that. Crazy Texas judge's ruling gets overturned, and no chance SCOTUS lets the law die. That sets a terrible precedent and they aren't idiots..unlike you and the Texas judge.
You sure hope so, don’t you?
Posted on 12/18/18 at 7:46 am to BBONDS25
quote:
BBONDS25
Nah, no need to hope. That's just what will happen, because the real world isn't some Republican/Q fever dream.
Posted on 12/18/18 at 7:48 am to BamaAtl
quote:
Nah, no need to hope.
Constitutional rights be damned... amirite?
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