Good day all. A ruling by a Judge in Texas has sent shock waves throughout the Progressive world. The judge has declared that without the mandate, Obamacare is unconstitutional.
The fight against Obamacare has been ongoing since this pile of manure was shoved down the throats of Americans in 2010. It cost the CommuNazis the House in the next election. One of the most egregiously bad sections was the ‘Mandate.” People were ordered to buy insurance or be fined. In one of the worst decisions in a while, Chief Justice John Roberts changed his vote at the last minute and decided to legislate from the bench, ruling that the mandate was in fact, a tax.
Last year, the House and Senate removed the individual mandate. (It also came out that the GOP(e) had no actual plan or intent to repeal Obamacare. They were using that promise only to get elected) When this happened, a number of states challenged Obamacare again in the courts. Now, a judge has said “Nope! No mandate, this is all unconstitutional. Have a nice day.” Here are the details from NBC News:
A federal judge in Texas struck down the Affordable Care Act on Friday night, ruling that former President Barack Obama’s signature domestic legislation has fallen down like a losing game of “Jenga.”
Sadly, this doesn’t kill off Obamacare. There will be appeals by the CommuNazis.
But the White House said that with the ruling expected to be appealed to the U.S. Supreme Court, the law will remain in place for now.
U.S. District Judge Reed O’Connor in Fort Worth sided with the argument put forward by a coalition of Republican-leaning states, led by Texas, that Obamacare could no longer stand now that there’s no penalty for Americans who don’t buy insurance.
The U.S. Supreme Court had upheld the law in 2012, by classifying the legislation as a tax. But since Congress removed the individual mandate in 2017, O’Connor ruled, there’s no way the ACA can be allowed to stand.
“The Individual Mandate can no longer be fairly read as an exercise of Congress’s Tax Power and is still impermissible under the Interstate Commerce Clause — meaning the Individual Mandate is unconstitutional,” O’Connor wrote. “The Individual Mandate is essential to and inseverable from the remainder of the ACA.”
A few things here. As I mentioned earlier, Chief Justice and Uniparty Deep Stater, John Roberts, took it upon himself to basically rewrite the law in order to save it. The case was never about taxes and neither side brought it up during the arguments. (It isn’t even considered a tax in the actual law, it’s called a fine) Roberts, being a total coward and a Deep Stater, made this up in his ruling.
The other issue is what is called “Severability.” By this I mean that if one part of a law is declared unconstitutional, the rest of it can be “Severed” from the unconstitutional part and allowed to continue. However. The CommuNazis were so hot to dump this load of crap on America, they neglected to include a severability clause in the bill. This meant that if one section was declared unconstitutional, then the whole law was unconstitutional. Oops!
Without the system being upheld by a wide pool of mandated participants, the ACA cannot stand, O’Connor ruled.
“Without it, Congress and the Supreme Court have stated, the architectural design fails,” according to O’Connor. “It is like watching a slow game of Jenga, each party poking at a different provision to see if the ACA falls.”
The CommuNazis are, of course, aghast that a federal judge actually read the law and the constitution and ruled that the signature legislation under Der Fubar was unconstitutional.
Senate Minority Leader Chuck Schumer called it an “awful ruling” and said that if it is upheld in higher court, “it will be a disaster for tens of millions of American families, especially for people with pre-existing conditions.
Pelosi said Friday’s ruling “exposes the monstrous endgame of Republicans’ all-out assault on people with pre-existing conditions and Americans’ access to affordable health care” and vowed action in the House when the new Congress convenes.
And how is to blame for this you senile old Moonbat? That would be you. The goal of Obama and the CommuNazis was never about fixing some issues with the American Healthcare and insurance system, it was all about seizing control of a large segment of the economy and controlling people’s lives.
One of the easiest and cheapest fixes would have been doing something about the problem of pre-existing conditions. Everyone was on board with solving that, but no, the CommuNazis wanted it all, and now, Obamacare is beginning to go down in flames.
“When House Democrats take the gavel, the House of Representatives will move swiftly to formally intervene in the appeals process to uphold the life-saving protections for people with pre-existing conditions and reject Republicans’ effort to destroy the Affordable Care Act,” Pelosi said in a statement.
And what are you going to do about it you senile idiot? You might have control of the House, (assuming you actually are made speaker again), but you don’t control the Senate or the Oval Office. All you can do is rant, rave and make a complete fool of yourself, something you’ve proven you are very good at.
Now the appeals process begins. I have little doubt that this will end up in the Supreme Court again. I suspect that Roberts might try playing some games to try and save it. This time, I suspect that even if he wanted to, he won’t be able to, thanks to the lack of a way to sever the rest of Obamacrap from the Mandate. We also have two new justices on the bench. Neil Gorsuch and Brett Kavanaugh and both of them are Constitutionalists. I have a feeling they will land on Roberts if he tries making up laws again. In any case, we’re stuck with this POS for at least one or more years.
Thatisall
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