Federal Judge Rules Obamacare Unconstitutional, Trump Steps In for the Knockout Blow
A federal judge in Texas has declared Obamacare to be unconstitutional — and it didn’t take long for a tweeted celebration to come from President Trump.
https://www.westernjournal.com/ct/federa...OyTp5u3Jc4
You mean the changes Trump made to the ACA without Congressional approval made the ACA unconstitutional? Because that's essentially what happened here.
(12-15-2018, 11:49 AM)DragonFury Wrote: [ -> ]You mean the changes Trump made to the ACA without Congressional approval made the ACA unconstitutional? Because that's essentially what happened here.
Actually those changes came about in the new tax law (115-97)that is, well, law. Eliminating the tax now makes individual mandate penalty unconstitutional. So no, that is not essentially what happened.
As much as I want Obamacare overturned, I find it outrageous that one district judge can rule on a matter that affects the entire country. This has to be stopped.
Same thing has happened for the past 2 years by liberal judges and the 9th circuit ruling against Trumps executive orders on immigration. Now that shoe is on the other foot, it's news.
(12-15-2018, 12:09 PM)B2hibry Wrote: [ -> ] (12-15-2018, 11:49 AM)DragonFury Wrote: [ -> ]You mean the changes Trump made to the ACA without Congressional approval made the ACA unconstitutional? Because that's essentially what happened here.
Actually those changes came about in the new tax law (115-97)that is, well, law. Eliminating the tax now makes individual mandate penalty unconstitutional. So no, that is not essentially what happened.
Apologies, post edited. Still, it's GOP actions that made this happen, not the ACA itself.
When judges find laws like this unconstitutional they sometimes conclude their decisions with orders for the relevant federal agencies to stop enforcing the law. But sometimes they don't. this judge did not. He decided that he should wait for a higher Court to sound in before he makes a decision that changes things all over the country.
I believe chief justice Roberts wrote in 2012 that the individual mandate was the only portion of Obamacare that was constitutionally questionable, and he further wrote that it should be upheld as part of congress's power to tax.
I don't think Roberts opinion specifically spoke to the severability of the affordable Care Act, that is if ruling one portion of the Act unenforceable makes the entire Act unenforceable, or only that portion.
Anyhow the judge yesterday said that the law is not severable.
But I think the bigger problem with his decision is that zeroing out a tax does not make the tax itself unconstitutional. Rather it renders the entire question of if the tax was constitutional or not moot, because when no taxpayers are paying a tax, no taxpayers have standing to challenge the tax, and no judge should touch a moot question.
(12-15-2018, 12:23 PM)MalabarJag Wrote: [ -> ]As much as I want Obamacare overturned, I find it outrageous that one district judge can rule on a matter that affects the entire country. This has to be stopped.
Wait.... isn't that what happened in the 9th circuit court when Trump legally changed our immigration processes and then some judge overruled him thus allowing the mass inflow of immigrants to keep coming?
Does StroudCrowd know you've taken over his job of posting many variations of "They're being mean to my guy!"?
Perhaps he's run out of excuses and figured you'd come up with something fresh.
Going to be tough. When Ann Coulter, of all people, is making fun of you you've really sunk to a new low.
(12-15-2018, 02:31 PM)DragonFury Wrote: [ -> ] (12-15-2018, 12:09 PM)B2hibry Wrote: [ -> ]Actually those changes came about in the new tax law (115-97)that is, well, law. Eliminating the tax now makes individual mandate penalty unconstitutional. So no, that is not essentially what happened.
Apologies, post edited. Still, it's GOP actions that made this happen, not the ACA itself.
The mandate was illegal.
They removed it.
That makes the whole law unconstitutional since they (obama) disguised an illegal tax (essentially a tax on healthy people) as a penalty the courts called a tax.
It was a trash law GD republicans should have never signed off on.
Also.. elections have consequences.
(12-15-2018, 12:23 PM)MalabarJag Wrote: [ -> ]As much as I want Obamacare overturned, I find it outrageous that one district judge can rule on a matter that affects the entire country. This has to be stopped.
That's what appeals courts are for.