December 15, 2018
Judge Declares Obamacare Unconstitutional
Timothy Birdnow
A Federal judge in Texas has declared Obamacare unconstitutional because Congress removed the mandate from it - thus eliminating the grounds used to declare it legal by SCOTUS.
John Hindraker explains at Powerline:
"You may remember that Obamacare survived constitutional scrutiny by the skin of its teeth when the Supreme Court, led by Chief Justice Roberts, held that the penalty the act imposes for failure to buy health insurance is a tax, and therefore is constitutional. That holding discreetly bypassed the fact that the Obama administration had vociferously denied, in court and elsewhere, that the insurance penalty is a tax."
[...]
"How strong is this evening’s ruling? It is premised on the fact that Congress has repealed the penalty assessed against those who decline to buy health insurance:
[...]
"ut to me, the logic seems strained: the individual mandate has been legislatively repealed, so therefore the entire statute must fall? Maybe, but that is a pretty big leap."
End excerpts.
He goes on to discuss the fact that the Trump Administration failed to defend the ACA in court and, while the Media and the Democrats will howl at this, they are taking batting practice inside a greenhouse here; Obama refused to defend the Defense of Marriage Act in precisely the same fashion. But that was Obama; we know all about media double standards.
At any rate, this is a good thing because it may force Congress to repeal the quasi-socialist scheme.
A Federal judge in Texas has declared Obamacare unconstitutional because Congress removed the mandate from it - thus eliminating the grounds used to declare it legal by SCOTUS.
John Hindraker explains at Powerline:
"You may remember that Obamacare survived constitutional scrutiny by the skin of its teeth when the Supreme Court, led by Chief Justice Roberts, held that the penalty the act imposes for failure to buy health insurance is a tax, and therefore is constitutional. That holding discreetly bypassed the fact that the Obama administration had vociferously denied, in court and elsewhere, that the insurance penalty is a tax."
[...]
"How strong is this evening’s ruling? It is premised on the fact that Congress has repealed the penalty assessed against those who decline to buy health insurance:
[...]
"ut to me, the logic seems strained: the individual mandate has been legislatively repealed, so therefore the entire statute must fall? Maybe, but that is a pretty big leap."
End excerpts.
He goes on to discuss the fact that the Trump Administration failed to defend the ACA in court and, while the Media and the Democrats will howl at this, they are taking batting practice inside a greenhouse here; Obama refused to defend the Defense of Marriage Act in precisely the same fashion. But that was Obama; we know all about media double standards.
At any rate, this is a good thing because it may force Congress to repeal the quasi-socialist scheme.
Posted by: Timothy Birdnow at
05:51 PM
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