Monday, December 17, 2018

Texas ObamaCare Blunder

No one opposes ObamaCare more than we do, and Democrats are now confirming that it was designed as a way-station to government-run health care.

Judge Reed O'Connor ruled for some 20 state plaintiffs that the Affordable Care Act's individual mandate is no longer legal because Republicans repealed its financial penalty as part of the 2017 tax reform.

The Chief famously salvaged ObamaCare by unilaterally rewriting the mandate to be a "Tax" that was within Congress's power.

Enter Texas Attorney General Ken Paxton, who argues in Texas v. U.S. that since Congress has repealed the mandate, the tax is no longer a tax, and ObamaCare is thus illegal.

Judge O'Connor agreed with that logic, and he went further in ruling that since Congress said the mandate is crucial to the structure of ObamaCare, then all of ObamaCare must fall along with the mandate.

One legal complication is that Congress in 2017 repealed the financial part of the individual mandate, not the structure of the mandate itself.

His Administration has done good work revising regulations to reduce health-care costs and increase access, but the risk is that the lawsuit will cause Republicans in Congress to panic politically and strike a deal with Democrats that reinforces ObamaCare.

https://www.wsj.com/articles/texas-obamacare-blunder-11544996418

No comments: