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  1. #1
    W4A1 143 43CK? Nbadan's Avatar
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    US Justice Dept. Goes All In, Embracing Texas Judge's Obamacare Takedown


    The U.S. Justice Department on Wednesday urged ( https://drive.google.com/file/d/1NHa...QxaPV1K0D/view ) a federal appeals court to strike down the entirety of the Affordable Care Act, arguing that the elimination of the key individual mandate provision renders the entire Obama-era law uncons utional.

    The government’s filing—in support of Texas and other Republican-led states challenging the law—was not unexpected. The Trump-era Justice Department had earlier announced its new intent to argue that the entire health care law should be declared void. The U.S. government’s brief fully supports a Texas federal trial judge who last year declared Obamacare unlawful.

    Wednesday’s filing points to the U.S. Supreme Court’s ruling in National Federation of Independent Business v. Sebelius, which upheld the Affordable Care Act in 2012 on the basis that the individual mandate—which penalized those who did not buy health coverage—could be construed as an exercise of Congress’ taxing power.

    While noting that Main Justice earlier had told the district court that the individual mandate was severable from the whole law, the brief said the government changed its mind “upon further consideration.” The only justices to reach severability in Sebelius—in a joint dissent—had said the provisions were highly interdependent and would not “function in a coherent way and as Congress would have intended” without the other provisions.

    The government’s brief was filed by August Flentje, a veteran Justice Department appellate lawyer. Flentje, who made his appearance in the case earlier in the day, was identified as a special counsel in the DOJ’s civil division.

    https://www.law.com/nationallawjourn...care-takedown/


  2. #2
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    Dems peddling in fear. Nothing new there. It's all they got.

  3. #3
    A neverending cycle Trainwreck2100's Avatar
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    A wholesale strike down of the ACA kills all that stuff though

  4. #4
    I needs six for my fix. UnWantedTheory's Avatar
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    Dems peddling in fear. Nothing new there. It's all they got.
    Ohhh the irony......

  5. #5
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    PPACA gone?

    Outstanding!

    It's about time.

  6. #6
    I am that guy RandomGuy's Avatar
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  7. #7
    I am that guy RandomGuy's Avatar
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    PPACA gone?

    Outstanding!

    It's about time.
    We need to replace it with universal health insurance, and scrap the way we ration health care in this country. It sucks.

  8. #8
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    Health insurance deductibles soar, leaving Americans with unaffordable bills

    https://www.latimes.com/politics/la-...s=mcnewsletter

  9. #9
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    Medical Costs Create Hardships For More Than Half Of Americans


    https://scienceblog.com/507650/medic...nceBlog.com%29

  10. #10
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    BigInsurance will kill Medicare for all, which doesn't have chance

  11. #11
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    TX case goes to the corrupt, extremist 5th Circuit, then to SCOTUS where Roberts, again, is the swing vote

  12. #12
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    Trump Attorneys Demand Court Strike ‘Pre-Existing Condition’ Protections

    In a Wednesday court filing, the Trump administration erased any doubt as to their position

    on destroying access to health care for millions of Americans: They’re all in.

    The Department of Justice is asking a federal appeals court to repeal the entirety of the Affordable Care Act (ACA),

    a decision which would cause at least
    20 million Americans to lose their health insurance.

    The ACA also contains popular and important protections,

    such as making sure insurance companies can’t discriminate against people with pre-existing conditions,

    requiring plans to cover basic health needs like maternity care, and

    allowing young adults to stay on their parents’ health insurance until age 26.

    Those protections would go away if Trump gets his wish.


    In the
    filing, Trump administration lawyers told the court that the ACA “must be struck down.”

    In fact,

    Trump’s team contemplated taking a position

    to defend certain provisions like pre-existing conditions protections —

    but made it clear that they have decided not lift a finger to help.


    “Instead of rewriting the statute by picking and choosing which provisions to invalidate,

    the proper course is to strike it down in its entirety,” Trump’s lawyers state.


    https://www.nationalmemo.com/trump-a...g-protections/



    Last edited by boutons_deux; 05-02-2019 at 11:02 PM.

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