[www.politico.com]

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NEW ORLEANS — A panel of federal appeals judges aggressively questioned whether Obamacare can survive during Tuesday afternoon oral arguments in a case that could upend the 2010 health care law.

Two Republican appointees on the three-judge panel frequently interrupted attorneys to question whether the Affordable Care Act’s individual mandate is unconstitutional and if not whether the entire law could stand without it. The ACA’s future appeared murky after two hours of oral arguments at the 5th U.S. Circuit Court of Appeals, but it’s not clear if the judges were ready to uphold a federal judge’s earlier decision invalidating the law.

Damn
Damn
Damn

Didn't the Roberts court already decide the individual mandate was a tax, and therefore constitutional?

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Acer
Didn't the Roberts court already decide the individual mandate was a tax, and therefore constitutional?

Yes, the SCOTUS did, but I think that Congress stripped out the individual mandate in the tax bill last year, thereby cutting off one of the ACA's legs.

There are at least a couple more hurdles before this gets to a SCotUS appeal. I'm not convinced the full complement of the the 5th Circuit will see this the same way as its 3-judge panel.

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rj
AKA
Vreemac, Moth of the Future

The Affordable Care Act has been under attack since its enrollment, and actively sabotaged by the Trump administration. And guess what ? It's STILL helping provide health care to millions who didn't have it beforehand.

Hateful rich bastards are trying to kill poor Americans.

They can strike it down this summer.

And get crushed next year.

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deckeda
They can strike it down this summer.

And get crushed next year.

The last election was close so it depends on how many die on each side due to lack of insurance in Michigan, Ohio, Pennsylvania and Wisconsin.

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Saint Cloud, Minnesota, where the weather is wonderful even when it isn't.

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Speedy

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deckeda
They can strike it down this summer.

And get crushed next year.

The last election was close so it depends on how many die on each side due to lack of insurance in Michigan, Ohio, Pennsylvania and Wisconsin.

Ha, ha

Republicans already know why the lost the House. Today you have people like McConnell saying "nobody" wants to lose the pre-existing conditions factor of the ACA ... so he won't say he wants the ACA gone. He doesn't have that luxury anymore. Susan Collins, both ACA advocate and tax cut champion designed to kill it, will get up on the tightrope once again next year and talk out of both sides of her mouth.

As ever, Republicans have not a single credible idea among them for how to improve healthcare, because that's like expecting the fox to step forward with sincerity towards the hens' well being.



Edited 1 time(s). Last edit at 07/10/2019 12:09PM by deckeda.

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Sam3

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Acer
Didn't the Roberts court already decide the individual mandate was a tax, and therefore constitutional?

Yes, the SCOTUS did, but I think that Congress stripped out the individual mandate in the tax bill last year, thereby cutting off one of the ACA's legs.

Yes, the individual mandate was repealed as part of Trump's 2017 tax bill. The tax penalty for not having health insurance was reduced to $0.

This is a good analysis of how the repeal of that mandate along with the introduction of new lower cost plans by Trump (these plans generally don't allow pre-existing conditions) is impacting 2019 premiums.
Generally speaking, they are higher than they would have been if Trump and the Republicans had just left things alone.
[www.kff.org]

It's "interesting" that the 2 conservative judges making noise in the appeals court are arguing that mandate is "gone," when it's really now just $0.00.

Isn't law just so much fun?

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deckeda
It's "interesting" that the 2 conservative judges making noise in the appeals court are arguing that mandate is "gone," when it's really now just $0.00.

Isn't law just so much fun?

Kevin Drum doesn't pull punches on this:

"It Was Lunacy Time At the Fifth Circuit Today"
[Just a few paragraphs long.]

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Lemon Drop
Generally speaking, they are higher than they would have been if Trump and the Republicans had just left things alone.

and another short Drum post happened today on the ACA costs in Cali. Premiums are going down net of inflation. So a well managed Covered California can make it work even with Trump sabotage...

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Kevin Drum
I’ve added a column to the table making an approximate adjustment for inflation. The bottom line is that nearly everyone will pay less for insurance in 2020 than in 2019. This is what can happen when a state is actually serious about making Obamacare work as well as possible for everyone.

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numbered

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Lemon Drop
Generally speaking, they are higher than they would have been if Trump and the Republicans had just left things alone.

and another short Drum post happened today on the ACA costs in Cali. Premiums are going down net of inflation. So a well managed Covered California can make it work even with Trump sabotage...

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Kevin Drum
I’ve added a column to the table making an approximate adjustment for inflation. The bottom line is that nearly everyone will pay less for insurance in 2020 than in 2019. This is what can happen when a state is actually serious about making Obamacare work as well as possible for everyone.

Yep - where Obamacare is fully implemented, costs go down. Problem is, most places that implementation has been obstructed.

Overturning the ACA would give an enormous boost to Democrats. If there is no viable private insurance option, the only recourse is a public option.

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Lemon Drop
[quote
Yep - where Obamacare is fully implemented, costs go down. Problem is, most places that implementation has been obstructed.

And that’s no joke. Red states (that “curiously” don’t use the federal money they could) have been crying about higher healthcare costs ever since.

Bullet, meet foot. Here in TN, outgoing Senator Lamar Alexander has been promoting all manner of fantasy for lower cost healthcare. None of which involves expanding Medicaid, the one solution already in place to help rural hospitals he “laments” that close.

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J Marston
Overturning the ACA would give an enormous boost to Democrats. If there is no viable private insurance option, the only recourse is a public option.

That or people dying in the streets.

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Dennis S

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J Marston
Overturning the ACA would give an enormous boost to Democrats. If there is no viable private insurance option, the only recourse is a public option.

That or people dying in the streets.

That works for the Republicans.

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Saint Cloud, Minnesota, where the weather is wonderful even when it isn't.