Texas and Courts Deal Potentially Fatal Blow to ACA

ElaineA

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Late Friday news dump to keep the markets from freefall, I assume. A Texas US District court judge has ruled the ACA unconstitutional.

The most sickening thing about this is that the judge ruled it unconstitutional in its entirety *because* of a change enacted by the Republicans, removal of the mandate.

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!”

I want to vomit. My son, a university graduate, relies on the ACA for his healthcare because his employer doesn't provide it. I can't even imagine being the person (read: Texas AG) who pursues a court case to deprive millions of Americans health care. What kind of empty-souled person would you have to be?

(On a side-note, the judge is a Bush-appointee. We'll be seeing a lot more like this as the GOP fills up those empty court slots around the nation.)
 

Ari Meermans

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This is above O'Connor's pay grade and it's a declaratory judgment, not an injunction. The ACA is still the law of the land and today is the last day for 2019 open enrollment, btw. The Fifth Circuit is about to take up this ruling and even if they uphold O'Connor's ruling, it still has to make its way to the Supreme Court.

What it is is simple political jockeying to help a couple of embattled AGs.

I'm not saying don't worry, only that it isn't a done deal. It's another salvo.
 

Brightdreamer

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Late Friday news dump to keep the markets from freefall, I assume. A Texas US District court judge has ruled the ACA unconstitutional.

The most sickening thing about this is that the judge ruled it unconstitutional in its entirety *because* of a change enacted by the Republicans, removal of the mandate.

From the moment the ACA was proposed, the TeaOP set out to sabotage it, a thousand undercuts until it topples down, public good be damned.

I've read people saying not to worry, it's not a done deal, it'll never survive. The last time I remotely believed that line was in November 2016. With longshot atrocities now a daily occurrence, I'm not holding my breath on "it's not a done deal." These people are evil, they're persistent, they're patient, and right now, between the judges and the Senate and the WH (and, let's not forget, two seats on the SC that weren't there the last time the ACA reached them)... like I said, I'm not holding my breath on anything being safe.
 

ap123

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I'm worried. Yes, it has to make its way to the Supreme Court, but then I think about those recent appointments. Yeah, I'm worried.
 

Roxxsmom

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The ACA is imperfect, but I know several people who now have health insurance who didn't before it took effect. I really am not going to feel sorry for a single Trump voter who whines about being booted off their health insurance if they or a loved one gets cancer or another expensive illness. I won't pity any Republican who can't get insurance because of pre-existing conditions, or whose young adult kids are no longer covered by their insurance, or who suddenly discover that things they counted on are no longer covered by the insurance they get via employers or a public exchange.

I cry for the rest of us, though.

THE GOP has no interest in coming up with an alternative that isn't a return to the old status quo. They have become a party that destroys things instead of creating them and one that strips people of rights instead of protecting them.
 
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ElaineA

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And today, the 5th Circuit ruled the individual mandate unconstitutional (it's not even in effect anymore) and sent the rest of the case back to the trial court (same judge who already declared it illegal in whole) for them to determine how much (if any) of the rest of the law can stand without the mandate (hint, the answer will be: none of it).

On the upside, 1) an immediate appeal to SCOTUS would likely be granted, since it only requires 4 judges to grant certiorari, and 2) an immediate appeal to SCOTUS would likely land it on the calendar in fall 2020. JUST in time for the elections. California AG has already said they'll appeal ASAP.
 
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