Texas Federal Judge Rules Against Obamacare

Posted by Tina

Twenty Republican Attorney Generals filed a lawsuit claiming Obamacare was unworkable without the individual mandate. After hearing the case the judge agreed but in his remarks noted that Obamacare would stay in place pending appeal. The Washington Examiner Quotes Judge O’Connor:

“Congress stated many times unequivocally — through enacted text signed by the president — that the individual mandate is ‘essential’ to the ACA,” he wrote of the Affordable Care Act, the formal name for Obamacare. “And this essentiality, the ACA’s text makes clear, means the mandate must work ‘together with the other provisions’ for the Act to function as intended.”

O’Connor was talking about the Obama administration’s argument that the mandate could not be severed from the rest of the law in a 2012 Supreme Court case. In his opinion, he elaborated on the different ways that Obamacare had been challenged in court and in Congress.

“It is like watching a slow game of Jenga, each party poking at a different provision to see if the ACA falls,” O’Connor wrote.

The judge also made it clear that the courts were not legislative bodies.

President Trump’s DOJ joined the lawsuit but also asked that the rules governing preexisting conditions be struck down because they prevent insurance companies outside of Obamacare to offer plans covering people with preexisting conditions.

Obamacare is a nightmare piece of legislation. It covers approximately 17,000 people who were unable to get insurance prior to it’s passing. Instead of simple laws to get them covered and handle preexisting conditions the Democrats in charge disrupted the entire industry and added mounds of onerous requirements and paperwork. The law did not lower premiums for most Americans. Many Americans lost their insurance and some were faced with insurance they couldn’t use due to a very high deductible. Doctors complain that they spend too much time doing paperwork that takes away from treating patients. Some decided to retire early rather than get stuck with the nightmare.

The ruling will be appealed, it may even be overturned, but at the end of the day the unworkable law will still be unworkable.

Democrats in the House will try to give us universal care instead, an even more expensive plan that will add yearly to the already massive debt and result in inferior care for all but the very wealthy and connected. (Once again the middle class will lose…exactly as intended.)

This entry was posted in Constitution & The Law, Healthcare, politics, Tax Policy. Bookmark the permalink.

6 Responses to Texas Federal Judge Rules Against Obamacare

  1. J. Soden says:

    Whatever happened to Healthcare that could be CHOSEN instead of mandated by goofernment and controlled by bureaucrats?

    And in other news that was completely predictable . . . . .
    https://legalinsurrection.com/2018/12/starbucks-new-bathroom-policy-not-working-out-as-hoped/

  2. Libby says:

    So? … the individual mandate goes back in … next Congressional session.

  3. Tina says:

    Required reading for those pushing for universal health care or interested parties:

    Health Care Reform Facts: How Does U.S. Actually Stack Up Against Other Countries?

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