Saturday, December 15, 2018

Texas [Insert Health Care Pun] against Obamacare!!!

"And let us not grow weary while doing good, for in due season we shall reap if we do not lose heart."
Galatians 6:9

Fort Worth-based U.S. District Judge Reed O’Connor on Friday ruled that a major provision of the Affordable Care Act is unconstitutional — and that the rest of the landmark law must fall as well.

In February, a Texas-led coalition of 20 states sued the federal government to end the health care law in its entirety, arguing that after Congress in December 2017 gutted one of its major provisions, the rest of the law was unconstitutional. The U.S. Supreme Court had upheld the law because its individual mandate — a financial penalty for not having insurance — could be interpreted as a tax. But after Congress set that tax at $0, the Texas coalition claimed the rest of the law no longer had “constitutional cover.”

O’Connor sided with Texas, ruling that the individual mandate was rendered unconstitutional. That portion of the law, he argued, is not severable from other provisions, and so the rest of the law must fall.

Honestly, this should be a no-brainer.  Obamacare was originally upheld as a tax.  That tax is gone.  Case closed.

That being said, don't ever underestimate John Roberts' willingness to invent rationalizations for this wretched law.  That's why the "tax" argument emerged in the first place.  It will be interesting to see into what new intellectual pretzels John Roberts might twist himself.

TPPF has more:
“Today’s historic win striking down Obamacare is only the first step,” said Robert Henneke, general counsel and director of the Center for the American Future at the Texas Public Policy Foundation. “We need to focus on the future and look to states like Texas to lead in restoring the relationship between doctor and patient, unencumbered by government and insurance company red tape. Let’s focus on solutions that will drive down costs and restore choice in doctor.”
Please, make it so.

Bottom Line: Health care freedom requires an unencumbered relationship between consumers and providers.  Yesterday's ruling was a necessary, but insufficient, step in that process.  Kudos to Paxton and TPPF!!!

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.