ObamaCare
1 response | 0 likes
Started by metmike - Nov. 10, 2020, 2:21 p.m.

Justices Roberts, Kavanaugh signal hesitance to strike down ObamaCare

https://nypost.com/2020/11/10/justices-roberts-kavanaugh-hesitant-to-strike-down-obamacare/?utm_source=browser&utm_medium=push-notification&utm_campaign=justices-roberts-kavanaugh-hesitant-to-strike-down-obamacare

The Supreme Court seemed likely Tuesday to leave in place the bulk of the Affordable Care Act, with Chief Justice John Roberts and Associate Justice Brett Kavanaugh signaling that they weren’t prepared to dump Obamacare in its entirety during oral arguments about the landmark health care law.

A number of Republican-headed states, led by Texas and the Trump administration, are arguing that Congress’ eliminating the penalty for not having health insurance in 2017 means the entire law is unconstitutional.

“I tend to agree with you this a very straightforward case for severability under our precedents, meaning that we would excise the mandate and leave the rest of the act in place,” Kavanaugh, who was appointed by President Trump, told a lawyer defending the 10-year-old law.

Roberts said that Congress had the opportunity to repeal the law when it took action on the monetary penalty.

“I think it’s hard for you to argue that Congress intended the entire act to fall if the mandate was struck down when the same Congress that lowered the penalty to zero did not even try to repeal the rest of the act,” he told the attorney representing Texas.

“I think, frankly, that they wanted the court to do that, but that’s not our job,” Roberts added.

Comments
Re: ObamaCare
0 likes
By bear - Nov. 11, 2020, 10:50 a.m.
Like Reply

the judicial system has Not addressed one important issue (according to me).  

the ACA is a violation of my right to freedom of assembly.

freedom of assembly is also about free markets.  i have a right to shop at target instead of walmart.  politicians should not be able to pass a law telling me i have to do business with a specific merchant.

i should have the right to save my money and pay the doctor directly.  lawmakers should Not have the power to force me to give a handout to a middle man (insurance company).  

yes, at the state level,  there might be a law that says you have to buy car insurance. BUT,... in arizona, there is an exemption.  you can be self insured.  so according to the law, in arizona, you are NOT forced to give money to a middle man,  (even with something like auto insurance).   this way your right to freedom of assembly is not being violated.  you are Not forced to give money to a corporation.  

so congress and the judicial system, can only force you to take part in the ACA by violating your first amendment rights.  and they should be honest enough to say that the first amendment is less important than the ACA.