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Thread: Trump administration tells court it won't defend Obamacare

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    Trump administration tells court it won't defend Obamacare

    Trump administration tells court it won't defend Obamacare against lawsuit seeking to cripple it

    The Trump administration told a federal court Thursday it wonít defend Obamacare against a lawsuit thatís trying to strike down most of the law.
    Itís a notable stance that means it will be up to Obamacare fans such as Democratic governors to step in and defend the Affordable Care Act against on onslaught from GOP attorneys general, who say after Congress nixed the individual mandate at the heart of the law, the rest of it should follow.


    In court papers, the Justice Department said it doesnít want to stop the law in its tracks, but said they agreed with the plaintiffs who say the most famous parts of the law are now illegal.



    The crux of the argument goes back to Chief Justice John G. Roberts Jr.ís 2012 ruling upholding the constitutionality of the individual mandate as a valid use of Congressís taxing power. The court held that Congress was able to offer people a choice: get insurance, or pay a tax.



    If there is no tax penalty for not buying insurance now, then no taxation is taking place, so the other parts of the law tied to the individual mandate must go, the 20 GOP attorneys general argue.


    The Justice Department concurred.
    ďThe Supreme Courtís saving construction of the individual mandate as a tax is no longer available,Ē government lawyers wrote.
    The White House and congressional Republicans had said they would like to have a replacement in hand before Obamacare is scrapped, but if the lawsuit prevails, that may not be the possible.
    Republicans tried to repeal and replace the law last year, but those efforts stalled and GOP leaders havenít expressed any desire to wage a health care fight in a mid-term year.

    Justice attorneys said they donít think itís lawful to freeze Obamacare now, since repeal of the mandate doesnít take effect until 2019.



    But they suggested the court consider ordering that as of Jan. 1 two parts of the law will be invalid: that people with preexisting conditions must receive coverage, and that they cannot be charged more than healthier consumers.



    ďThis court should hold that the ACAís individual mandate will be unconstitutional as of January 1, 2019, and that the ACAís guaranteed-issue and community-rating provisions are inseverable from the mandate,Ē they wrote.



    Those protections had been considered sacrosanct by most members of Congress, with GOP lawmakers fretting during their efforts last year over how to unwind Obamacare while still preserving those parts of the law.



    https://www.washingtontimes.com/news...acare-against/
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    billions will surely perish
    For waltky: http://quakes.globalincidentmap.com/
    "The Nation that makes a great distinction between its scholars and its warriors will have its thinking done by cowards and its fighting done by fools."
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    I disagree with this. I also disagreed with Obama’s refusal to defend the DMA. This is the law ant the executive is charged with enforcing the law.
    Any time you give a man something he doesn't earn, you cheapen him. Our kids earn what they get, and that includes respect. -- Woody Hayes​

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    Quote Originally Posted by DGUtley View Post
    I disagree with this. I also disagreed with Obama’s refusal to defend the DMA. This is the law ant the executive is charged with enforcing the law.
    Should the Union have defended slavery?
    Call your state legislators and insist they approve the Article V convention of States to propose amendments.


    I pledge allegiance to the Constitution as written and understood by this nation's founders, and to the Republic it created, an indivisible union of sovereign States, with liberty and justice for all.

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    Quote Originally Posted by MisterVeritis View Post
    Should the Union have defended slavery?
    Was slavery a constitutionally passed federal law?
    Any time you give a man something he doesn't earn, you cheapen him. Our kids earn what they get, and that includes respect. -- Woody Hayes​

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    This will just put more force behind the coming blue wave.
    Attention:

    The Beatings Will Continue Until Morale Improves.

    That Is All.

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    Quote Originally Posted by Crepitus View Post
    This will just put more force behind the coming blue wave.
    There be no blue wave.
    Molon labe
    Please visit my blog http://thepoliticalforums.com/blogs/peter/
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    Millions will be denied HC, and dead zombies will arise from their graves to riot!
    As democracy is perfected, the office of president represents, more and more closely, the inner soul of the people. On some great and glorious day the plain folks of the land will reach their heart's desire at last and the White House will be adorned by a downright moron. --H.L. Mencken,

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    Quote Originally Posted by Dr. Strangelove View Post
    Millions will be denied HC, and dead zombies will arise from their graves to riot!
    No one will be denied health care. Buy what you can pay for.
    Call your state legislators and insist they approve the Article V convention of States to propose amendments.


    I pledge allegiance to the Constitution as written and understood by this nation's founders, and to the Republic it created, an indivisible union of sovereign States, with liberty and justice for all.

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    Quote Originally Posted by DGUtley View Post
    Was slavery a constitutionally passed federal law?
    No. Nor did the courts overturn it.
    Call your state legislators and insist they approve the Article V convention of States to propose amendments.


    I pledge allegiance to the Constitution as written and understood by this nation's founders, and to the Republic it created, an indivisible union of sovereign States, with liberty and justice for all.

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