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Spikosauropod
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Registered: 06-2007
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Texas Judge Strikes Down Affordable Care Act as Unconstitutional
https://www.nytimes.com/2018/12/14/health/obamacare-unconstitutional-texas-judge.html
The tide is turning.
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12/14/2018, 7:39 pm
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greendocnowciv
Registered: 11-2017
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Re: Texas Judge Strikes Down Affordable Care Act as Unconstitutional
The Trump Justice Dept should be instructed by President Trump to be as accommodating as possible without laying right down on the ground.
Why? Because if the Justice Dept team does lay right down on the ground, which is within their rights - some activist Judge will step in to "speak for the needy."
Just defend it enough to lose, without violating any terms of legal procedure.
Fingers crossed! This feels to good to be true!
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12/14/2018, 8:02 pm
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luciddream00
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Re: Texas Judge Strikes Down Affordable Care Act as Unconstitutional
As a small business owner who must purchase my own private insurance plan, I'm still waiting for the GOP to come up with something better and cheaper than Obamacare. They've had quite awhile now, but all they know how to do is complain about the status quo rather than coming up with something better. They like to toss around ideas but they never actually make any progress. Obamacare is far better for individuals than the previous status quo, but I'm 100% open to alternatives as long as it covers pre-existing conditions, covers annual checkups and preventative care. I want to know that my premiums are going to cover me for the basics and I want to know that I won't be surprised by some catastrophically expensive ailment not being covered. I don't think that is a lot to ask.
Last edited by luciddream00, 12/14/2018, 8:22 pm
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Account closed permanently. I won't stand for abuse of authority by forum administration to censor criticism of a conservative radio host that celebrated the death of AIDS patients on his show. Maybe some day we'll speak again elsewhere.
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12/14/2018, 8:17 pm
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greendocnowciv
Registered: 11-2017
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Re: Texas Judge Strikes Down Affordable Care Act as Unconstitutional
"Those durn Repubs! They said "kill Obamacare" but couldn't figger out 'ow ta' do it."
"They" wasn't "the Repubs."
"They" was a few "resisty" Senators that now have died or are about to retire out of the Senate.
The "they" that cannot let go of Obamacare is most Dems and an unknown number of "moderate/liberal/Resisty" Repubs.
Most Repubs are very, very ready to flush Obamacare.
Plans, we got.
Leadership ready to do it, we got.
Now - "which House will protect it" has flipped. Before the Mid Terms, the Senate Resisty two or three Repub Senators blocked it.
Now, after the Mid Terms, the Senate can pass it, but the Dem Controlled House wont.
Still - with Executive orders we may be able to chip away at it until '20.
I don't really expect this Texas ruling to stand, not after Chief Justice Roberts bent over backwards already to keep Obamacare alive.
And that was partly on this same issue of taxation. Last - Roberts used legal theory based on rulings form Justice Kav, who just ruled with Roberts and the Liberal Justices on a Planned Parenthood case that the Conservo Justices made strong points on:
https://www.politico.com/story/2018/12/10/supreme-court-planned-parenthood-defunding-case-845056
Even so, the Judge appears to have considered the SCOTUS factor, as per this quote from an ABC News article:
"...the Supreme Court previously ruled that the individual mandate of the ACA, while not permissible under the Interstate Commerce Clause, was constitutionally permissible under Congress's tax power because it required a "shared-responsibility payment."
O'Connor explained in his ruling that by passing the Tax Cuts and Jobs Act of 2017 -- pushed by Republicans, signed last December by Trump and including a rollback of the individual mandate -- Congress reduced the ACA's shared-responsibility payment to zero, effective Jan. 1, 2019. Because the shared-responsibility payment will no longer collect revenue, in the Court's view, it is no longer considered a tax, and thus unconstitutional."
https://abcnews.go.com/Politics/federal-judge-rules-obamacare-unconstitutional-democrats-immediately-vow/story?id=59834094
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Thus, this really has legs!
So, as I posted before - fingers crossed!
Last edited by greendocnowciv, 12/15/2018, 10:52 am
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12/15/2018, 10:35 am
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spud100
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Registered: 12-2017
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Re: Texas Judge Strikes Down Affordable Care Act as Unconstitutional
My nephew who runs a catering business encountered the same crap on dealing with Oba care. Prices never plateaued. Did you all know that Obama put it together using all his biggest donors, who were hospital groups?
As for reps coming up with plans, it won't matter, because like the dems, these are essentially whores to the corporations. Which is why democrats no longer Occupy anything anymore. They won't bite the claws that are feeding them. The donors, again, are hospital groups that put out the nice, caring, commercials. Unless, the Don motivates, as he never did with The Fence, it will go nowhere.
Which is a warning to us all that money changes people, and that billionaire$ think differently than the rest of us, because they must. It's class-warfare baby, just like engels and marx crowed about, except the owners know how to buy off the marxists.
Ultimately, things will change when we push back in the streets, French style. The downside to full employment, courtesy of The Donald, is contentment. :-)
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12/15/2018, 2:06 pm
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greendocnowciv
Registered: 11-2017
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Re: Texas Judge Strikes Down Affordable Care Act as Unconstitutional
A big failure for anti-Obamacare folks is a lack of a good Dinesh D'Sousa-like movie documentary about Obamacare.
A vid connecting Ex Pres Obamas' promise in a televised meeting with Repubs. The meeting was set up to address then-recent reports of an anticipated rise in Obamacare costs.
This was being discussed because a change had beem made in Obamacare by the head of HHS. She added a few really expensive required benefits that many people didn't want or need.
In the televised meeting, Obama insists that it will not be a problem, but that if it is, people will still prefer Obamacare and that even the higher costs will hit only a small percentage of people.
That turned out to be partly true. Even so,t a small percentage of over 300 million was a very outspoken millions of middle class people who suddenly saw their Obamacare costs rise dramatically.
New super-high deductibles! Suddenly these people who were happy with their old policies were now being forced to decide... pay cash at the doctors office, so as not to have to pay the high deductible? And using he doctor much less often.
We only got reporting on that for a while - and it then really dropped off. Now, looking at the attacks on Pres Trump from almost all newspapers and "TV anybody" exept some Foxoids - having seen that, I think I understand.
Seeing how Dem oriented so many of them are, I can see the whole durn media complex simply not discussing the problem. Choosing other stories. Not a conspiracy - a giant Dem oriented thought bubble.
A vid highlighting Obamacare problems needs to include that. Perhaps they could interview some of the media types who covered it - and then stopped.
Specifically, ask them very directly what they think about the "hiatus" in any more news about the new, big problem with Obamacare.
As for giving up - no, he tweeted about this new Texas surprise, and Sarah made me smile with a nice comment on it.
This is a long shot nobody expected. Along with the ideas from groups that I see occasionally who are still after this, the fight is not over. Our side has not given up.
We are simply much less oriented toward "community organising." They are maniacs about it, apparently, and clearly dont care how many lives they sidetrack in the process.
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12/15/2018, 7:18 pm
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luciddream00
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Re: Texas Judge Strikes Down Affordable Care Act as Unconstitutional
All of this whining about Obamacare, but nobody stepping up to do better. The best the GOP came up with was "repeal Obamacare" (they never got to the "replace" part) and they couldn't even get that passed. It took an "activist judge" to do that for them. You can whine about premiums and deductibles all you want, but all of that is better than the previous status quo where you could be surprised with bills of hundreds of thousands of dollars because you didn't realize your plan wouldn't cover catastrophic illnesses because of "pre-existing conditions" or didn't realize you had a yearly or lifetime cap that only covered a fraction of a serious injury.
Returning to the wild west of health insurance is not acceptable, because the insurance companies know how to obfuscate their coverage benefits in order to maximize their profits by tricking people into signing on to insufficient plans.
The GOP has 2 options at this point: Either they fix America's health insurance system or they're going to get Medicare for all the next time Democrats take power. I'm fine with either.
Last edited by luciddream00, 12/15/2018, 9:02 pm
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Account closed permanently. I won't stand for abuse of authority by forum administration to censor criticism of a conservative radio host that celebrated the death of AIDS patients on his show. Maybe some day we'll speak again elsewhere.
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12/15/2018, 9:01 pm
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Spikosauropod
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Re: Texas Judge Strikes Down Affordable Care Act as Unconstitutional
quote:
The best the GOP came up with was "repeal Obamacare"
Repealing Obamacare is like curing a fungus on your foot. You do not look for another fungus to replace it. You just cure it.
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12/15/2018, 9:19 pm
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luciddream00
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Re: Texas Judge Strikes Down Affordable Care Act as Unconstitutional
quote:
Spikosauropod wrote:
quote:
The best the GOP came up with was "repeal Obamacare"
Repealing Obamacare is like curing a fungus on your foot. You do not look for another fungus to replace it. You just cure it.
Spoken like someone who didn't understand the massive flaws with the status quo prior to Obamacare. We had a system that worked great for people who were healthy and cheap to insure, but screwed over everyone else. It was completely unacceptable.
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Account closed permanently. I won't stand for abuse of authority by forum administration to censor criticism of a conservative radio host that celebrated the death of AIDS patients on his show. Maybe some day we'll speak again elsewhere.
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12/15/2018, 9:25 pm
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Spikosauropod
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Re: Texas Judge Strikes Down Affordable Care Act as Unconstitutional
quote:
Spoken like someone who didn't understand the massive flaws with the status quo prior to Obamacare.
No, I get it. We were flat-footed. The fungus didn't help.
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12/15/2018, 10:36 pm
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