Federal Judge Declares Obamacare Unconstitutional

Don’t get too excited, because it would have to go to the Supreme Court again. So we can get Chief Justice Roberts to do the wrong thing again

Citing change in tax law, judge rules entire health-care law unconstitutional

A federal judge in Texas threw a dagger into the Affordable Care Act on Friday night, ruling that the entire health-care law is unconstitutional because of a recent change in federal tax law.

The opinion by U.S. District Judge Reed O’Connor overturns all of the sprawling law nationwide.

The ruling came on the eve of the deadline Saturday for Americans to sign up for coverage in the federal insurance exchange created under the law. If the ruling stands, it would create widespread disruption across the U.S. health-care system — from no-charge preventive services for older Americans on Medicare to the expansion of Medicaid in most states, to the shape of the Indian Health Service — in all, hundreds of provisions in the law that was a prized domestic achievement of President Barack Obama.

President Trump, who has made the dismantling of the ACA a chief goal since his campaign, swiftly tweeted his pleasure at the opinion. “As I predicted all along, Obamacare has been struck down as an UNCONSTITUTIONAL disaster!” the president wrote just after 9 p.m. “Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions.”

Later, the White House issued a statement on the ruling, saying: “We expect this ruling will be appealed to the Supreme Court. Pending the appeal process, the law remains in place.”

Congressional Democrats have said that they plan to Do Something, which most likely means passing something even more extreme. The few moderates, Blue Dog Dems, and plain old Liberals will want something a little stronger than Ocare. The more hardcore ones, of which there are now a lot, perhaps even a majority, will push for their single payer Medicare For All plan.

“Once the heart of the ACA — the individual mandate — is declared unconstitutional, the remainder of the ACA must also fall,” the lawsuit said.

In his 55-page opinion, O’Connor agrees. He writes that the individual mandate is unconstitutional, saying that it “can no longer be fairly read as an exercise of Congress’ tax power.”

The judge also concludes that this insurance requirement “is essential to and inseverable from the remainder of the ACA.”

And that has always been at the heart of the matter, despite what the liberals and Chief Justice Roberts ruled: the tax is un-Constitutional, and there was no severability built in Obamacare. Rule one part un-Constitutional, the entire thing is un-Constitutional.

Interestingly, many insurers and health insurance groups are upset with this ruling. It’s almost as if they see themselves making lots of money from Ocare, eh?

What happens now? The time to kill Ocare was in 2012, before it went into effect. Now that so many depend on it, it must be replaced. But with the Senate controlled by the GOP and House the Democrats, what could they possibly agree on?

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7 Responses to “Federal Judge Declares Obamacare Unconstitutional”

  1. StillAlive says:

    I wonder how the left is going to love these new retarded rulings. I find this one rather stupid and if I’m not mistaken I thought Obamacare was already taken to the supreme court and ruled constitutional because it was a TAX. THE CONSERVATIVE JOHN ROBERTS CASTING THE DECIDING VOTE IN FAVOR OF LIBERALS.

    I personally agreed with him even though I didn’t like the ruling. I believe this one will be struck down by the ninth circuit but heres the caveat and the reasons elections have consequences. Trump is filling all kinds of judge positions with conservatives.

    the Right is taking a page out of the Lefts playbook and realizing the left has accomplished their goals using the courts to uphold their stupid laws and regulations. Even the left leaning Surpreme court said that if the government said something was dangerous in the air it could be regulated so voilla the Obama EPA declared CO2 dangerous and the left collectively shouted hurrah.

    If I was a republican I wouldn’t be holding my breath on this ruling it will go to the 9th circuit which is the craziest batshit left court in the land and will immediately be struck down, but nice try judge.

    • Jethro says:

      Senate GOPhers used the 60-vote rule to slow confirmation of Obama lower court nominations.

      In Nov 2013, Senate Dems used the nuclear option to eliminate the 60-vote rule on executive branch nominations and federal judicial appointments, but not for the Supreme Court. They seated nearly 100 Obama nominees. In Apr 2017, Senate GOPhers extended the nuclear option to Supreme Court nominees.

      The WaPo article said the appeal with go to the 5th Circuit Court of appeals (TX, LA, MS), two thirds appointed by Republicans.

      • formwiz says:

        Who imposed the 60 vote rule in the first place?

        Terrible Tiny Tommy Daschle and the Democrats. You thought you had it made, but it turned out you were outfoxed.

        Little Jeffery always says Conservatives “whine” when the Demos break the law. Well, the Rs observed the law, but used it to their advantage.

        Listen to little Jeffery whine.

  2. formwiz says:

    Still, you’ve got a point there. If Roberts did what he did because of law, rather than ideology, he did his job. Same with all the “Conservatives” bitching about Brother Bret. They wanted him to decide based on ideology, the way Thomas did, but a Constitutionalist will rule according to the dictates of the law.

    OTOH The Lefties will scream and push Medicare for All and the Conservatives will say, “If you like your plan, you can keep your plan”, and Pelosi Galore will go back to being Minority Leader in ’20.

    Trump is filling all kinds of judge positions with conservatives.

    This is where Zippy’s innate laziness, along with his many vacas and golf outings hit the Lefties where they live. Trump is undoing 80 years of Franklin Roosevelt’s court packing.

  3. Bill589 says:

    The Executive branch wrote it. The Legislative branch approved it without even reading it. The Judicial branch tweaked it so that it could possibly be argued to be Constitutional.

    5th graders (in my time anyways) know that this is Not how DC is supposed to operate.

    Even the making of the unconstitutional law was unconstitutional and it should be nixed ASAP.

  4. Professor hale says:

    I’m not sure how this ever gets to an appeal. The governor plaintiffs won their case. The Trump administration already said that they were not defending this law. Hence, no appeal is needed or possible. Outside actors cannot just jump in and be defense team and take it to an appeal. They have to bring their own case. and what would that be based on?

    As an aside, I did think it was entertaining watching Nancy Pelosi talking about how her congress would be transparent, unlike the Republican congress passing laws in the middle of the night without reading them. It’s as if she didn’t remember that that is exactly how she got ACA passed.

    • Liljeffyatemypuppy says:

      Agreed. Once the personal mandate was removed by the Trump administration and Congress, Obamacare lost it’s enforcement ability, err… penalty, er…uh… “taxing” authority which Roberts previously claimed made the bill “constitutional”. https://www.thepiratescove.us/wp-content/plugins/wp-monalisa/icons/wpml_cool.gif

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