DOJ will not defend challenges to ACA preexisting conditions requirements

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MomentsofSanity

MomentsofSanity

Lifer
Jan 25, 2011
17,109
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The admin has announced that they will not fight challenges in court to eliminate the requirement for insurers to cover people with preexisting conditions calling it unconstitutional. If you recall during last years failed health care reform Trump made several statements that not only would they cover preexisting conditions they would make it better.

Apparently to make it better you first have to screw as many people as you possibly can first. The impact will be felt by millions unless states can step up and defend them on their own. Considering GOP controlled states are the ones suing to eliminate it... good luck.

http://uk.businessinsider.com/r-us-...re-individual-mandate-unconstitutional-2018-6
The U.S. Justice Department said on Thursday that the part of Obamacare requiring individuals to have health insurance is unconstitutional, an unusual move that could lead to stripping away some of the most significant and popular parts of the law.

In a brief filed in a federal court in Texas, the department said a tax law signed last year by President Donald Trump that eliminated penalties for not having health insurance rendered the so-called individual mandate under Obamacare unconstitutional.

The Justice Department said that also nullifies two other major provisions of Obamacare linked to the individual mandate, including one barring insurance companies from denying coverage to people with pre-existing conditions.

Attorney General Jeff Sessions, in a letter to House of Representatives Speaker Paul Ryan, said he had determined the individual mandate will be unconstitutional when the tax law becomes effective in 2019.
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fskimospy

Elite Member
Mar 10, 2006
88,069
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This is stupidly playing into Democrats’ hands for the midterms. This lawsuit has zero chance of succeeding on the merits and will only reinforce the idea that republicans are trying to take people’s health care.

The judge they shopped it to is super right wing so they might win at the district level but it’s a transparently silly argument that will be slapped down by the circuit court. It relies on the idea that because they zeroed out the individual mandate it’s no longer a tax and is therefore unconstitutional. Because the mandate is inseverable from the pre-existing conditions provisions, the whole deal is unconstitutional.

The only problem is that they were inseverable in the original legislation because they were obviously designed by congress to work together. Then last year Congress severed the mandate and deliberately left those protections in place. Therefore they are no longer inseverable. Durrrrr.
 
Zorba

Zorba

Lifer
Oct 22, 1999
15,613
11,256
136
Once again, this shows what a horrible job Democrats have done of marketing ACA. Even Obama and Hilary allowed the entire debate to revolve around the uninsured and never pushed the fact that it helped out every insured American. Even my wife and I that have always had great coverage through large companies received many benefits from the ACA, a lack of pre-existing conditions being one of them.

I know it is hard when you have an entire "news" organization pushing an anti-agenda, but there were multiple times in the debates that Hilary could've hammered that home, but allowed the conversation to only center on the uninsured. By centering the conversation on the uninsured, it is much easier for people to take the FYGM attitude or eat up the welfare line.
 
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K1052

K1052

Elite Member
Aug 21, 2003
53,141
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Zorba said:
Once again, this shows what a horrible job Democrats have done of marketing ACA. Even Obama and Hilary allowed the entire debate to revolve around the uninsured and never pushed the fact that it helped out every insured American. Even my wife and I that have always had great coverage through large companies received many benefits from the ACA, a lack of pre-existing conditions being one of them.

I know it is hard when you have an entire "news" organization pushing an anti-agenda, but there were multiple times in the debates that Hilary could've hammered that home, but allowed the conversation to only center on the uninsured. By centering the conversation on the uninsured, it is much easier for people to take the FYGM attitude or eat up the welfare line.
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They both talked about it a lot but the ACA was complicated and if it's one thing the American people can't abide it's complicated things. The GOP message was simple thus more easily absorbed, even if it was built on a mountain of lies and sabotage.

Clearly Americans need to lose something before they can comprehend it's value.
 
Zorba

Zorba

Lifer
Oct 22, 1999
15,613
11,256
136
K1052 said:
They both talked about it a lot but the ACA was complicated and if it's one thing the American people can't abide it's complicated things. The GOP message was simple thus more easily absorbed, even if it was built on a mountain of lies and sabotage.

Clearly Americans need to lose something before they can comprehend it's value.
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ACA was complicated, but the major benefits to everyone could be summarized in 5-10 bullets. Those bullets should be hit on non-stop. Instead, at least at the debates and many national interviews, it is all about the uninsured.
 
UNCjigga

UNCjigga

Lifer
Dec 12, 2000
25,629
10,334
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There's been all kinds of scuttlebutt recently that Republicans in Congress want to try ONE MORE TIME to repeal Obamacare, but maybe would wait until after midterms.
https://www.thedailybeast.com/a-sui...gop-leadership-fear-new-obamacare-repeal-push

I guess some in the WH thought that would be suicide for the midterms. So hey, let US take the heat Congress, so you don't have to! LOLOL!! This WH is nuts!!

Or, as one top Democratic aide put it: “I can’t believe they would be so stupid. That said, they often surprise me with how stupid they are.”
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glenn1

glenn1

Lifer
Sep 6, 2000
25,383
1,013
126
UNCjigga said:
There's been all kinds of scuttlebutt recently that Republicans in Congress want to try ONE MORE TIME to repeal Obamacare, but maybe would wait until after midterms.
https://www.thedailybeast.com/a-sui...gop-leadership-fear-new-obamacare-repeal-push

I guess some in the WH thought that would be suicide for the midterms. So hey, let US take the heat Congress, so you don't have to! LOLOL!! This WH is nuts!!

Click to expand...

This is the perfect opportunity for some progressive state to pass and implement its own "universal healthcare" model. Surely you don't need the poor flyover red states holding you back from realizing your dream so you might as well get started.
 
K1052

K1052

Elite Member
Aug 21, 2003
53,141
47,341
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Zorba said:
ACA was complicated, but the major benefits to everyone could be summarized in 5-10 bullets. Those bullets should be hit on non-stop. Instead, at least at the debates and many national interviews, it is all about the uninsured.
Click to expand...

Still too complicated. The Dems should take a page here and simply scare the fuck out of everyone that they're not going to get taken care of now. The administration has handed them the perfect weapon for the midterms.
 
UNCjigga

UNCjigga

Lifer
Dec 12, 2000
25,629
10,334
136
K1052

K1052

Elite Member
Aug 21, 2003
53,141
47,341
136
glenn1 said:
The perfect weapon would be showing us a working proof of concept instead of an abject failure.

https://www.politico.com/story/2014/12/single-payer-vermont-113711
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But wherever should we look for such a thing that's been in existence for many years? Quite the mystery...



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Conservatives think states should be the labs for healthcare totally ignoring the fact that there is a world outside of the US who's made this work better and for a lot less money.
 
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fskimospy

Elite Member
Mar 10, 2006
88,069
55,594
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K1052 said:
But wherever should we look for such a thing that's been in existence for many years? Quite the mystery...

Conservatives think states should be the labs for healthcare totally ignoring the fact that there is a world outside of the US who's made this work better and for a lot less money.
Click to expand...

This is on purpose. They are abundantly aware that the more socialized health care systems of other developed nations are more effective than ours but admitting that means going against conservative ideology. When reality and conservatism are in conflict to them that means reality must give way.
 
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