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A federal judge in Texas on Friday ruled that the entire Obamacare law is no longer valid based on changes passed by the Republican Congress in the past two years.
U.S. District Judge Reed O’Connor in Fort Worth sided with the argument put forward by a coalition of Republican-leaning states, led by Texas, that Obamacare could no longer stand now that there’s no penalty for Americans who don’t buy insurance.
The U.S. Supreme Court had upheld the law in 2012, by classifying the legislation as a tax. But since Congress removed the individual mandate in 2017, O’Connor ruled, there’s no way the ACA can be allowed to stand.
“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. “The Individual Mandate is essential to and inseverable from the remainder of the ACA.”
Without the system being upheld by a wide pool of mandated participants, the ACA cannot stand, O’Connor ruled.
All of this has been unconstitutional from day one, but what does that matter in the banana republic we now live in, where childish twitter mobs rule, unelected bureaucrats have more legal power than presidents, and elected officials can pick and choose the laws they obey?
Trump, returning to his liberal roots, immediately called for a new law to protect “pre-existing conditions.” To quote his tweet: “Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions. Mitch and Nancy, get it done!”
Forcing insurance companies to accept anyone, regardless of their health, makes insurance impossible. Why would anyone buy insurance when they are healthy under Trump’s system? Instead, everyone will wait until they are diagnosed with an illness, and buy the insurance then. Lacking a pool of healthy customers, insurance companies will go bankrupt.
The silver lining here is that Congress is divided, and might find it impossible to make a deal. At the same time, I would not be surprised if both parties teamed up to give voters this fake present, continuing our slide to bankruptcy.
In the meantime, expect the reappearance of low-cost catastrophic insurance plans, the kind of plans that Obama called “junk” and banned with Obamacare, but provide lower-class people without a fancy health plan an affordable way to insure themselves against a ruinous illness or accident.