Like the law or not, this decision is going to be appealed and I bet it has a good chance of going to the Supreme Court. 5th Circuit is next, though.
Yes. This new judge says the removal of the individual mandate means the law is now unconstitutional because it's no longer based on the tax authority of Congress.I don't get it. Didn't SCOTUS already rule that Obamacare was constitutional because they interpreted it a tax (and government is permitted to tax as one of its powers)?
The reasoning of the ruling states that in 2012, the Supreme Court upheld the mandate to have coverage because of Congress's power to tax. But, last year, Congress removed the fine for failing to comply with the mandate, which, he argues, means the mandate is no longer a tax and therefore is unconstitutional.
In a controversial move, the judge added that because the mandate is "essential" to the rest of the law, without the mandate, the entire law is invalid.
Legal experts in both parties have denounced that argument, saying it is obvious that Congress wanted the rest of the Affordable Care Act to remain when it repealed only the mandate penalty last year
There are a couple of new players sitting on the bench. This could get interesting.The Supreme Court has already ruled and it will probably punt once they see this.
Fuck health care ..... how about cure? I'd like to see symptoms stop being treated.
Schumer Vows to Put a Vote on the Floor Urging Intervention in ObamaCare Case ‘First Thing’ | Breitbart
Schumer you sad little man, you don't have control of the Senate and cannot bring anything to the floor.
no real answer to this dilemma Germany does better than we do is true but i think that there population is way less than ours and they as most European people are more health aware than we are. I have the German E commission book on natural healing they embrace herbs and spices and alternative medicine while we do not. they and a lot of Europeans take there health seriously while we do not. so we have to pay for being foolish
It is a weird ruling: the law is consitutional if people are required to buy insurance, but unconstitutional if they aren't.Head scratch so does that mean getting tickets for not having vehicle insurance is unconstitutional, or mandatory gun insurance in a state where gun insurance is being blocked from being sold.
It is a weird ruling: the law is consitutional if people are required to buy insurance, but unconstitutional if they aren't.