Trump signals healthcare reform to overtake 'unconstitutional' Obamacare

by Noah Mcgee December 18, 2018, 0:47
Trump signals healthcare reform to overtake 'unconstitutional' Obamacare

A federal judge in Texas has struck down the whole of the Affordable Care Act, also known as "Obamacare", as unconstitutional.

President Donald Trump termed the ruling "a big big victory by a highly respected judge" and an alternative path to the long-time Republican goal of repeal-and-replace. Opponents of the suit have vowed to appeal. But the legal fight is revving up once more.

(Friday's) federal district court ruling in a case challenging the Affordable Care Act is the first step in what we expect will be a lengthy legal process.

The head of the federal Centers for Medicare and Medicaid Services (CMS), which oversees the Affordable Care Act, said there were no changes and exchanges were open for business.

U.S. District Judge Reed O'Connor in Fort Worth agreed with a coalition of 20 states that a change in tax law previous year eliminating a penalty for not having health insurance invalidated the entire Obamacare law.

Actually, what healthcare officials and the former President said did not amount to defiance of Judge O'Connor's ruling, for two reasons: first, something the judge did do, and, second, something that he did not do. However, we're not there with O'Connor's ruling yet.

We strongly disagree with the ruling and urged the court not to accept the plaintiff's severability argument in an amicus brief filed earlier this year along with other national organizations representing hospitals and health systems.

Another threat. Shortly before the Texas ruling, news broke of leaked emails from the Trump administration that discussed how cutting 90 percent of the advertising budget for HealthCare.gov would likely cause sign-ups to plummet.

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Democrats weren't the only ones to criticize the decision.

"As our nation is in the midst of an opioid crisis, this coverage is especially needed", Evans said in a statement. Collins weighed in on a number of other issues while on State of the Union. In 2012, the Supreme Court ruled the individual mandate penalty was a tax.

The Texas judge agreed.

Republicans were by and large muted in their response, but incoming House Minority Leader Kevin McCarthy of California appealed to Democrats to come to negotiate a successor to what he called "an unconstitutional law". "The notion that the unconstitutionality of an unenforceable mandate somehow requires toppling the entire ACA is bonkers".

Essentially, without the mandate - Obamacare can not stand. "To find otherwise would be to introduce an entirely new regulatory scheme never intended by Congress or signed by the president".

Fox News senior judicial analyst Judge Andrew Napolitano on a federal judge in Texas ruling ObamaCare is unconstitutional.

The Affordable Care Act runs for more than 1,000 pages and includes many provisions - the exchanges for individuals that are frequently political footballs - and a long list of other measures and protections created to expand insurance coverage. "Now we have a judge saying we have an unenforceable mandate".

Polls consistently show strong public support for the ACA guarantee of coverage regardless of pre-existing health conditions - an issue Democrats used with great success in last month's midterm elections as they won control of the House of Representatives. They contended that overturning the law would throw millions off health insurance rolls by reversing Medicaid expansion, ending tax credits that help people and empowering insurers to once again deny coverage based on pre-existing conditions. Those include parts of the law on adding calorie counts on restaurant menus and speeding to market cheaper versions of costly biotechnology drugs. That means the full Affordable Care Act is now unconstitutional (though the Act will remain in place pending appeal, likely all the way to the Supreme Court). Claire McCaskill. Another plaintiff, West Virginia Attorney General Patrick Morrisey, lost to Democratic incumbent Sen.

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