Skip to comments.Texas judge allows Obamacare to remain while his ruling is appealed
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 OConnor said he didnt believe 17 state attorneys general, led by Californias 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 ...
whew. I was really sweating that.
And that was were it should have failed years ago, on the severability clause, which they forgot to include in the law.
Carolinafornia is a foreign country, where election fraud is state law.
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.
Unbelievable. If this judge believes the law is unconstitutional, he just violated his oath of office to defend the constitution by staying his order!
Thats true, but Congress didnt actually repeal the Obamacare tax. They merely reduced the effective rate to $0.
Its a fine point, to be sure, but watch and see if thats not what the defense will argue - and theyll 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 dont expect that the Supremes will see it that way.
Obamacare, as Obamacare, will not be back once its 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 thumbs down showboating.
#2. Obama the Gynecologist - screwing America since the 1990’s.
I remember reading that years ago. I wonder how many more years this thing will be cludged up in the courts.
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?
Roberts will protect Obama car no matter what law he has to break to do it.
No judge expects their decisions to be overruled and most judges are right. We'll see what happens in this case.
That is correct starting with the 2019 tax year.
Hmmmmm... They -Deep State- got to him.
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!”
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???
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?
Yes, but the amount of the penalty for 2019 will be 0. I've already seen healthcare-related fedgov forms acknowledging that.
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