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Texas judge allows Obamacare to remain while his ruling is appealed
NY Post ^ | December 30, 2018 | By Bruce Golding

Posted on 12/30/2018 10:20:55 PM PST by conservative98

The Texas judge who ruled Obamacare unconstitutional earlier this month agreed Sunday to stay his decision from taking effect until it can be appealed.

Federal Judge Reed O’Connor said he didn’t believe 17 state attorneys general, led by California’s Xavier Becerra, would prevail in their challenge of his blockbuster ruling.

“But because many everyday Americans would otherwise face great uncertainty during the pendency of appeal, the Court finds that the December 14, 2018 Order declaring the Individual Mandate unconstitutional and inseverable should be stayed,” he wrote in the 30-page order.

(Excerpt) Read more at nypost.com ...


TOPICS: News/Current Events; US: California; US: Texas
KEYWORDS: aca; brucegolding; california; dnctalkingpoint; dnctalkingpoints; judges; mediawingofthednc; newyork; newyorkcity; newyorkcompost; newyorkpost; obama; obamacare; partisanmediashills; presstitutes; reedoconnor; smearmachine; texas; trump; xavierbecerra
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Breaking!
1 posted on 12/30/2018 10:20:55 PM PST by conservative98
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To: conservative98

Take your medicine.
2 posted on 12/30/2018 10:21:31 PM PST by conservative98
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To: conservative98

whew. I was really sweating that.


3 posted on 12/30/2018 10:35:06 PM PST by 867V309 (Lock Her Up)
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To: conservative98
the Court finds that the December 14, 2018 Order declaring the Individual Mandate unconstitutional and inseverable be stayed,” he wrote in the 30-page order.

And that was were it should have failed years ago, on the severability clause, which they forgot to include in the law.

4 posted on 12/30/2018 10:36:14 PM PST by Vendome (I've Gotta Be Me htt7ps://youtu.be/wH-pk2vZGw2M)
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To: conservative98
17 state attorneys general, led by California’s Xavier Becerra

Carolinafornia is a foreign country, where election fraud is state law.

5 posted on 12/30/2018 10:55:23 PM PST by an amused spectator (Hillary For Prison)
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To: conservative98

I don’t think the judge’s ruling will withstand a higher court challenge.

He based it upon the fact that there’s no longer a punitive tax being assessed for failing to maintain health insurance.

That’s true, but Congress didn’t actually repeal the Obamacare tax. They merely reduced the effective rate to $0.

It’s a fine point, to be sure, but watch and see if that’s not what the defense will argue - and they’ll be right.


6 posted on 12/30/2018 11:02:23 PM PST by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
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To: 867V309

Unbelievable. If this judge believes the law is unconstitutional, he just violated his oath of office to defend the constitution by staying his order!


7 posted on 12/30/2018 11:16:22 PM PST by GOPe Means Bend Over Spell Run (Vote Trump - Not Socialism!)
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To: Windflier

That’s true, but Congress didn’t actually repeal the Obamacare tax. They merely reduced the effective rate to $0.

It’s a fine point, to be sure, but watch and see if that’s not what the defense will argue - and they’ll be right.
*****************************************
If I reduce your remaining lifespan to zero, you are dead...and not coming back. Same with Obamacare. I see your point but don’t expect that the Supremes will see it that way.

Obamacare, as Obamacare, will not be back once it’s found to be unconstitutional without the tax, IMHO. I do expect there to be a replacement similar to the replacement that the decaying & rotting McCain killed with his thumb’s down showboating.


8 posted on 12/30/2018 11:18:26 PM PST by House Atreides (Boycott the NFL 100% — PERMANENTLY)
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To: GOPe Means Bend Over Spell Run


Unbelievable. If this judge believes the law is unconstitutional, he just violated his oath of office to defend the constitution by staying his order!

just like roberts, the compromised scj, contradicted himself in his barkie-care ruling.

we have A LONG WAY TO GO to bring our country back.


9 posted on 12/30/2018 11:29:15 PM PST by 867V309 (Lock Her Up)
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To: conservative98

#2. Obama the Gynecologist - screwing America since the 1990’s.


10 posted on 12/30/2018 11:36:43 PM PST by MadMax, the Grinning Reaper
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To: Vendome
And that was were it should have failed years ago, on the severability clause, which they forgot to include in the law.

I remember reading that years ago. I wonder how many more years this thing will be cludged up in the courts.

11 posted on 12/31/2018 12:16:34 AM PST by Jeff Chandler (Every time a lefty cries "racism", a Trump voter gets his wings.)
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To: conservative98

So does this mean, if someone doesn’t have insurance they have to pay the tax/penalty/fine “your shared responsibility” as indicated on tax forms?


12 posted on 12/31/2018 12:35:14 AM PST by blondiegoodbadugly
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To: conservative98

Roberts will protect Obama car no matter what law he has to break to do it.


13 posted on 12/31/2018 2:21:23 AM PST by Revel
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To: conservative98
Federal Judge Reed O’Connor said he didn’t believe 17 state attorneys general, led by California’s Xavier Becerra, would prevail in their challenge of his blockbuster ruling.

No judge expects their decisions to be overruled and most judges are right. We'll see what happens in this case.

14 posted on 12/31/2018 3:34:06 AM PST by DoodleDawg
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To: blondiegoodbadugly
So does this mean, if someone doesn’t have insurance they have to pay the tax/penalty/fine “your shared responsibility” as indicated on tax forms?

That is correct starting with the 2019 tax year.

15 posted on 12/31/2018 3:54:56 AM PST by EVO X
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To: conservative98

Hmmmmm... They -Deep State- got to him.


16 posted on 12/31/2018 3:57:37 AM PST by dennisw
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To: conservative98

Quoth candidate Obama:

“Your employer, it’s estimated, would see premiums fall by as much as 3,000 percent, which means they could give you a raise!”


17 posted on 12/31/2018 4:07:05 AM PST by Fresh Wind (Fox News: "We distort, you deride")
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To: conservative98

How come the bad crap is always allowed to continue to shaft us while working it’s way through the courts to our permanent and final shafting, while some guy in BFE, AK finds against some conservative policy, and it’s expected not only to be the end of the matter, but effective immediately, any appeals notwithstanding???


18 posted on 12/31/2018 11:25:23 AM PST by Still Thinking (Freedom is NOT a loophole!)
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To: Windflier
It’s a fine point, to be sure, but watch and see if that’s not what the defense will argue - and they’ll be right.

I agree on technical grounds, but I think a conservative SCOTUS needs to make about 50 major conservative judicial activism decisions as payback for the half-century of liberal ones. Elsewise, where's the disincentive for the libs?

19 posted on 12/31/2018 11:28:20 AM PST by Still Thinking (Freedom is NOT a loophole!)
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To: blondiegoodbadugly
So does this mean, if someone doesn’t have insurance they have to pay the tax/penalty/fine “your shared responsibility” as indicated on tax forms?

Yes, but the amount of the penalty for 2019 will be 0. I've already seen healthcare-related fedgov forms acknowledging that.

20 posted on 12/31/2018 11:31:17 AM PST by Still Thinking (Freedom is NOT a loophole!)
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