Yes, in the middle of a pandemic, Trump asks the Supreme Court to strike down The Affordable Care Act

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Trump Administration Asks Supreme Court to Strike Down Affordable Care Act
The case is by far the most serious challenge to date for the 10-year-old health care law, President Barack Obama’s signature domestic achievement.Credit...

“If President Trump gets his way,” she added, “130 million Americans with pre-existing conditions will lose the A.C.A.’s lifesaving protections and 23 million Americans will lose their health coverage entirely.”

The Texas suit has created great uncertainty for the roughly 20 million people covered by the law, as well as for millions of others who have lost their jobs and health coverage during the coronavirus pandemic. A recent analysis by the liberal-leaning Center for American Progress estimated that 23 million people would lose coverage if the Affordable Care Act is abolished — including nearly two million in Texas and more than four million in California.
The lawsuit has also drawn opposition from hospitals and doctors, including the American Medical Association. In a friend of the court brief filed last month, it wrote that striking down the law “at a time when the system is struggling to respond to a pandemic that has infected nearly 1.4 million Americans and killed more than 80,000 at the time of this writing would be a self-inflicted wound that could take decades to heal.”


WASHINGTON — The Trump administration asked the Supreme Court late Thursday to overturn the Affordable Care Act — a move that, if successful, would bring a permanent end to the health insurance program popularly known as Obamacare and wipe out coverage for as many as 23 million Americans.

In an 82-page brief submitted an hour before a midnight deadline, the administration joined Republican officials in Texas and 17 other states in arguing that in 2017, Congress, then controlled by Republicans, had rendered the law unconstitutional when it zeroed out the tax penalty for not buying insurance — the so-called individual mandate.

The administration’s argument, coming in the thick of an election season — as well as a pandemic that has devastated the economy and left millions of unemployed Americans without health coverage — is sure to reignite Washington’s bitter political debate over health care.

In his brief, Solicitor General Noel J. Francisco argued that the health law’s two remaining central provisions are now invalid because Congress intended that all three work together.
“Nothing the 2017 Congress did demonstrates it would have intended the rest of the A.C.A. to continue to operate in the absence of these three integral provisions,” the brief said, using the abbreviation for the name of the health care law. “The entire A.C.A. thus must fall with the individual mandate.”


Yes, that's right, Trump is trying to remove Healthcare access for millions of Americans when they need it most. We thought he was going to wait until after the election to pursue this, but no, he is in full blown " Make everything worse mode" with every action he takes these days so why wait to screw people tomorrow when he can screw them today? IF he gets his way, due to my now preexisting conditions, I too, could lose access to my healthcare as well. "Thanks Trump". When I saw that title on the other thread, I actually thought it would be about this instead of a flag.
 

Seanchaidh

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Yes, that's right, Trump is trying to remove Healthcare access for millions of Americans when they need it most.
Republicans try to push through an agenda they definitely have.
Democrats don't try to push through an agenda they pretend to have.
 

lil devils x

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Republicans try to push through an agenda they definitely have.
Democrats don't try to push through an agenda they pretend to have.
What? Have you taken a look of the stack of Bills that are collecting dust in the Senate that the House has passed within the last year? Democrats have pushed through plenty, they go to die in the Republican controlled Senate. Trump is trying to bypass congress entirely in order to screw the people.
 

Palindromemordnilap

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In his brief, Solicitor General Noel J. Francisco argued that the health law’s two remaining central provisions are now invalid because Congress intended that all three work together.
“Nothing the 2017 Congress did demonstrates it would have intended the rest of the A.C.A. to continue to operate in the absence of these three integral provisions,” the brief said, using the abbreviation for the name of the health care law. “The entire A.C.A. thus must fall with the individual mandate.”
That is such weaselly logic. "We could only take one provision away before, not throw the whole thing out. But whoops, it shouldn't work with only some of the provisions so the whole thing needs to go!"
Its like someone wanting a chair you're sitting on and cutting the legs off one by one when you refuse to move
 
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lil devils x

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That is such weaselly logic. "We could only take one provision away before, not throw the whole thing out. But whoops, it shouldn't work with only some of the provisions so the whole thing needs to go!"
Its like someone wanting a chair you're sitting on and cutting the legs off one by one when you refuse to move
That is exactly what they have been doing. Trying to pick it apart a tiny piece at a time. First they took away the medicaid expansion denying access to free healthcare for millions of Americans in GOP states, then they attacked the mandate that makes sure that insurers will be able to stay afloat for taking on so many severe health cases. Then they attacked the subsidies that pay the premiums for people to poor too pay for them themselves, and illegally withheld the money from insurers forcing some of them out of markets in swing states in an attempt to manipulate the votes there, but that backfired later and the Judge ruled they had to pay them. They have STILL been paying them late however and underpaying insurers and suddenly dropping people from their subsidies for no apparent reason taking them months to have care reestablished and then claiming it was an error then being forced to pay them later what they are owed causing them to have to sue repeatedly to get the money they are owed in order to keep those who are unable to pay on their rolls. ALL of this in addition to Trumps BS " executive orders" reducing enrollment periods, his attempt to make the " sham plans" that were outlawed legal again in order to directly undermine health insurers on the healthcare exchange in another attempt to bypass congress and the rule of law.

Then THIS in an attempt to say that because the mandate and medicare expansion were rejected, they have to now take away healthcare from everyone else as well. It is so seriously screwed up and underhanded in a maneuver to bypass congress and even the ability to defend against this threat at all by setting it up in a kangaroo court with a Judge who was previously adamantly vocally anti ACA and then having the Department of justice refuse to defend it at Trumps direction. Then Democrats, the american medical association, and numerous other organizations attempted to band together to take it upon Themselves to defend the ACA against this BS maneuver and then the Judge that help rig this case attempted to say they lacked standing to be able to defend it at all. The whole thing is as an underhanded as you can get all in a move to try and make sure more Americans die. That is what it is all about here, they do not want to help poor people stay alive in this country and will fight tooth and nail to prevent anyone from throwing them a lifeline here.

Sources:
Trump executive order to bypass congress
 

Jarrito3002

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I keep asking who is this for. His base that still think ACA is just Obama Care with a new name even though its the opposite. Is he doing cause he so anti mask during this pandemic he can cut health care that they don't know benefits them. Again who is seeing this and becoming happy besides Medicine as Business.
 

Agema

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That is such weaselly logic. "We could only take one provision away before, not throw the whole thing out. But whoops, it shouldn't work with only some of the provisions so the whole thing needs to go!"
Its like someone wanting a chair you're sitting on and cutting the legs off one by one when you refuse to move
I would like to think that the Supreme Court will tell the government if they want to repeal it, they should go and repeal it themselves properly via legislation. Even the conservative court justices - inasmuch as I understand their position - should do so. Although they may well say they thought the ACA was unconstitutional in the first place to justify not doing the right thing and canning it.

I keep asking who is this for.
Business, the corporate elites, free market ideology.

Healthcare is a huge industry. The aim of Republicans is to ensure that as much of healthcare as possible is open to capitalists to make profits from. There is a particular urge to remove the ACA quickly, because the longer it exists the more that people get used to the concept of coverage, and the harder it will be to remove it. Even worse, the US public might end up liking the idea and wanting it expanded more like a normal socialised healthcare service.

The second motivation is Trump's desire to annihilate everything Obama did, because he has some weird pathological obsession that way.
 

stroopwafel

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First give big business billions.. eh trillions in federal stimulus package and then marginally compensate a bit by cutting down on the poor man's healthcare. Isn't that the same scam he pulled in business with his suppliers? His voters must agree though. Only WINNERS vote for Trump.
 

Worgen

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Whatever, just wash your hands.
Business, the corporate elites, free market ideology.

Healthcare is a huge industry. The aim of Republicans is to ensure that as much of healthcare as possible is open to capitalists to make profits from. There is a particular urge to remove the ACA quickly, because the longer it exists the more that people get used to the concept of coverage, and the harder it will be to remove it. Even worse, the US public might end up liking the idea and wanting it expanded more like a normal socialised healthcare service.

The second motivation is Trump's desire to annihilate everything Obama did, because he has some weird pathological obsession that way.
I don't even think its that. I mean the ACA mandated that everyone get health insurance or pay a penalty so you ended up seeing people who wouldn't bother with health insurance getting insured at the governments expense so really it helped the health insurance industry since the way our health insurance industry works is that you get more people to pay into it then it pays out too. Its also why we need government health care.

I think its a combination of him saying its bad so it must be and him wanting to essentially erase Obama from ever having done anything.
 

Agema

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I don't even think its that. I mean the ACA mandated that everyone get health insurance or pay a penalty so you ended up seeing people who wouldn't bother with health insurance getting insured at the governments expense so really it helped the health insurance industry since the way our health insurance industry works is that you get more people to pay into it then it pays out too.
The ACA, amongst its meany measures, caps the profits of healthcare insurance companies. That's the sort of thing companies hate.
 
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In his brief, Solicitor General Noel J. Francisco argued that the health law’s two remaining central provisions are now invalid because Congress intended that all three work together.
“Nothing the 2017 Congress did demonstrates it would have intended the rest of the A.C.A. to continue to operate in the absence of these three integral provisions,” the brief said, using the abbreviation for the name of the health care law. “The entire A.C.A. thus must fall with the individual mandate.”
This is such a terrible argument. The very fact the 2017 Congress removed the mandate while preserving the rest of the ACA shows they thought the mandate was severable. If that had been their intent, why didn't they do it?

They expect John Roberts- whose defining moment as Chief Justice was bending over backwards to make the ACA work- is going to go for that?!
 
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Seanchaidh

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What? Have you taken a look of the stack of Bills that are collecting dust in the Senate that the House has passed within the last year? Democrats have pushed through plenty, they go to die in the Republican controlled Senate. Trump is trying to bypass congress entirely in order to screw the people.
Weird how they pass more bills when they don't have to worry about them being signed into law.
 

lil devils x

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Weird how they pass more bills when they don't have to worry about them being signed into law.
That isn't true when you look at their record. The democrats usually pass a lot of bills, they only pass less bills when they spend most of their time trying to pass something Huge, like the Affordable Care Act, but even then they STILL have passed more than they are under McConnell. They usually pass 300-500 bills within 2 years, Due to McConnell's blockade however, they only passed 70 at the time of the article. If you had read the article linked there you would have known this already. Of those 70, 10 of them have just been about renaming post offices and such. When Democrats controlled congress under Obama, The 111th Congress enacted 385 laws.
You can compare the numbers for yourself:
 
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lil devils x

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This is such a terrible argument. The very fact the 2017 Congress removed the mandate while preserving the rest of the ACA shows they thought the mandate was severable. If that had been their intent, why didn't they do it?

They expect John Roberts- whose defining moment as Chief Justice was bending over backwards to make the ACA work- is going to go for that?!
They didn't do it because they did not have the votes to do it, so are now doing this to bypass congress entirely. The issue with severing the mandate and the medicaid expansion, both of which are necessary for it to actually be " universal healthcare" we then shift more sick and poor people who are unable to pay for their premiums on to insurers who then have to rely on the subsidies provided by the government through taxpayers in order to prevent the insurance companies from going under. The way it was supposed to work initially is this:

All people who can afford to pay for healthcare pay for healthcare + All the people who cannot afford to pay for healthcare use the Medicaid Expansion + Medicare paid for by taxes + Government subsidy program that was meant to be phased out to make up for long term care initial losses while they build up funding coming in from the mandate = People being able to use healthcare whenever they need it.

What happened after they removed the Mandate and medicaid expansion:

Less people paying in to use healthcare than are using it due to no mandate + Those who were supposed to qualify for medicaid could not afford to pay premiums because states like Texas refused the Medicaid expansion + Increased dependence on the subsidy program that was supposed to be phased out but cannot be phased out due to loss funding in the other areas = insurers leaving markets because they cannot afford to stay there, hospitals and healthcare providers not being paid, and some insurers went out of business over the funding loss who could not wait for subsidies.

The problem is if you remove the medicaid expansion and the mandate, there isn't enough money to pay for everyone using healthcare unless we put something else in place or expand the role of the subsidy program, as that was not initially done. The ACA needs work, there is no doubt about that, but until that happens or they have another system ready to go, it is the ONLY lifeline people have so we have to keep it in place or millions of people will literally die if they remove it.
 

Silvanus

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Weird how they pass more bills when they don't have to worry about them being signed into law.
The last time the Democrats controlled both the Senate & the House (111th Congress), the House passed 461 bills, against 411 for the current Congress.

So, they actually pass more bills when they are more likely to be signed into law.
 
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tstorm823

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The ACA, amongst its meany measures, caps the profits of healthcare insurance companies. That's the sort of thing companies hate.
Or rather, it caps the profit margin, encouraging them to push the most expensive possible solution to every problem to justify higher premiums.
 
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They didn't do it because they did not have the votes to do it, so are now doing this to bypass congress entirely.
Sure, but the point is that's not how the Supreme Court looks at an action of a governing body, they look at it as if "Congress" were a monolythic body capable of individual action rather than a group of ~500 politically divided people (metaphorically, not literally). In this case, the Trump Admin is trying to argue that monolythic entity Congress felt that the mandate was unseverable from the rest of the ACA- even though said monlythic entity Congress severed the mandate from the rest of the ACA. It's completely insane, I can't believe this survived the circuit!
 

Silvanus

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Or rather, it caps the profit margin, encouraging them to push the most expensive possible solution to every problem to justify higher premiums.
Indeed. Good thing there's also a cap on chargeable premiums to address it. You must be pretty enthused about Biden's plan to set that cap lower, given your concern for affordability?
 

immortalfrieza

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I keep asking who is this for. His base that still think ACA is just Obama Care with a new name even though its the opposite. Is he doing cause he so anti mask during this pandemic he can cut health care that they don't know benefits them. Again who is seeing this and becoming happy besides Medicine as Business.
It's for the Republicans. If the Democrats were to pass a law that benefits literally every single person on the planet the Republicans would do everything in their power to destroy it for absolutely no other reason than because the Republicans weren't the ones who did it and the same for the Democrats. These people won't do anything but argue with each other and whenever they actually do something the other side wants to strike it down no matter how good of an idea it is simply because the other side did it.

Take the Affordable Healthcare Act and change not a single thing about it except that the Republicans passed it instead and you'd find that the Republicans wouldn't be making a peep.