Republicans Say Little About Obamacare Ruling

Republicans Say Little About Obamacare Ruling

He said the mandate was very punishing, and badly affected millions of low-and middle-income Americans.

"I don't", Collins responded, quickly adding: "First of all, I would point out that this ruling is not going to affect people who are now enrolled or in Obamacare policies, or their policies for 2019".

Under the original law, those who failed to comply with that requirement would face a tax penalty.

O'Connor decided that once Congress repealed the tax penalty that enforced a mandate that most Americans get health insurance, the whole law became invalid.

Democrats have said for years the sweeping Obamacare law - which covers multiple aspects of the health insurance industry - has flaws that need fixing and have been open to changes.

So Obamacare is dead, right? We are not going back.

Democrats from Sen. Chuck Schumer (D-NY) to former President Barack Obama announced this weekend that their first priority after the holidays will be to preserve the Affordable Care Act, which was declared unconstitutional (again) Friday by a Federal District Court judge. Dismantling Obamacare would be a political victory for the Republicans, but it would also likely strip millions of Americans' of their health insurance coverage, a policy problem for which Republicans have no clear solution. "This is insanity in print, and it will not stand up on appeal", tweeted University of Michigan Law School professor Nicholas Bagley, an expert in health law.

One could argue that it was the original law that "upend [ed]" the health insurance industry, and that a return to status quo ante would be the logical step of undoing the upending. A spokeswoman for Becerra vowed a quick challenge to O'Connor's ruling.

Americans with pre-existing conditions, before ACA, faced either high premiums or an inability to access health insurance at all.

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At the US Supreme Court, five justices in the nine-judge court who voted to uphold Obamacare in a separate case in 2012 are still on the bench. Roy Blunt of Missouri, wasn't keen on lawmakers attempting to sway the higher court on how to handle the appeal.

"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.

"It's absolutely ludicrous to hold that we do not know whether the 2017 Congress would have wanted the rest of the ACA to exist without an enforceable mandate, because the 2017 Congress did exactly that when it zeroed out the mandate and left the rest of the ACA standing", Gluck said.

Without the system being upheld by a wide pool of mandated participants, the ACA can not stand, O'Connor ruled.

However, those are two different issues.

Collins defended her vote to repeal the individual mandate under the tax bill, calling the provision deeply "unpopular". Unfortunately, expense and bad policies are not the purview of the courts. "The people who raised it are a bunch of guys who don't have serious election issues, mostly from states where saber-rattling against the ACA is fine".

The decision came just hours before the end of open enrollment for ACA plans in most states that use the federal healthcare.gov insurance exchange. How likely is Roberts to throw out the pre-existing conditions bathwater with the mandate baby?

The president added: "We'll have to sit down with the Democrats to do it, but I'm sure they want to do it also".

"You might have heard about a federal court decision on a Republican lawsuit trying to strike down the Affordable Care Act in its entirety".

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