Trump Argues Pre-Existing Conditions Protections are Unconstitutional

[jem]

well then I guess you don't understand why millions of Americans made sure that that 900 Dems lost their jobs in Congress and state legislatures.

Republicans in Congress will be feeling it next. Trump too, unless he does some amazing things soon and or Kim really follows through.

I am in a large group myself, with a family and pay less per month than you with zero deductible. Something is not adding up with your situation based on my experience.

 

[Cuddles]

From June:

In a brief filed Thursday night, Trump’s Department of Justice (DOJ) sided with 20 GOP attorneys general, led by Paxton, to say that pre-existing conditions protections under the ACA are unconstitutional. The argument in the lawsuit, originally filed by Texas and 19 other states in February, is that eliminating the individual mandate penalty in Congress’ tax bill last year rendered the mandate, and therefore the rest of the health care law, unconstitutional.

Step 1: remove a provision to create unconstitutionalities in the law.
Step 2: use newly created flaw to scrap law entirely.

These fucking cheating scumbags:

https://www.wsj.com/articles/federal-judge-rules-affordable-care-act-is-unconstitutional-11544838743

Federal Judge Rules Affordable Care Act Is Unconstitutional Without Insurance-Coverage Penalty
The ruling injects uncertainty into the health-care coverage of millions

WASHINGTON—The Affordable Care Act is unconstitutional without its insurance-coverage penalty, a Texas federal judge ruled Friday, thrusting the embattled health law’s future and coverage for millions of Americans into question.

U.S. District Judge Reed O’Connor ruled that the main provisions of the Affordable Care Act should be struck down after Republicans repealed its insurance-coverage penalty. The Texas federal judge’s decision could endanger coverage of tens of millions of Americans.

Judge O’Connor sided with the claims of 20 Republican states, which brought a lawsuit asserting the law is unconstitutional without a penalty for not having coverage. Republicans repealed the requirement last year, although it doesn’t go into effect until 2019. The Supreme Court has upheld the ACA as constitutional based on Congress’ taxing power.

 

[exGOPer]

David Nather: “The Affordable Care Act, President Obama’s signature achievement, may be headed back to the Supreme Court after a conservative federal judge in Texas struck down the individual mandate as unconstitutional last evening.”

“This could be a nightmare for Republicans in suburbs and swing states.”

“The midterms proved that the ACA has gotten more popular since the GOP started trying to repeal it — especially the protections for pre-existing conditions.
If the law goes away, that goes with it. This is not the fight Republicans want to have.”

 

[Wallet]

From June:






These fucking cheating scumbags:

https://www.wsj.com/articles/federal-judge-rules-affordable-care-act-is-unconstitutional-11544838743

Federal Judge Rules Affordable Care Act Is Unconstitutional Without Insurance-Coverage Penalty
The ruling injects uncertainty into the health-care coverage of millions

WASHINGTON—The Affordable Care Act is unconstitutional without its insurance-coverage penalty, a Texas federal judge ruled Friday, thrusting the embattled health law’s future and coverage for millions of Americans into question.

U.S. District Judge Reed O’Connor ruled that the main provisions of the Affordable Care Act should be struck down after Republicans repealed its insurance-coverage penalty. The Texas federal judge’s decision could endanger coverage of tens of millions of Americans.

Judge O’Connor sided with the claims of 20 Republican states, which brought a lawsuit asserting the law is unconstitutional without a penalty for not having coverage. Republicans repealed the requirement last year, although it doesn’t go into effect until 2019. The Supreme Court has upheld the ACA as constitutional based on Congress’ taxing power.

Regardless of how you feel towards free healthcare, the fact remains that the ACA had to be altered from Congresses final draft to pass SCOTUS. (Remember the debate on it tax implications, the fact the Solicitor denied but was told the only way it could be enacted was under the form of a tax, hello IRS.) That in it self was unconstitutional, as SCOTUS does not have the power to rewrite legislation, only determine its constitutionality. It should have been kicked back to Congress to fix.

That being said when it's stripped of certain powers it voids its constitutional authority.

Healthcare/Insurance is a joke unless you're broke. Everyone else is paying out their ass for junk.

Repeal it!!

 

[exGOPer]

New Gallup data finds the number of Americans without health insurance has increased by 7 million since President Trump took office.

Sarah Kliff: “The country’s uninsured rate has steadily ticked upward since 2016, rising from a low of 10.9 percent in late 2016 to 13.7 percent — a four-year high.

“The uninsured rate is still well below where it was in 2013, before the Affordable Care Act’s expansion of health insurance coverage began. But under the Trump administration, a trend of Americans gaining coverage through the private marketplaces and the Medicaid expansion appears to be reversing.”