We're seeing a smaller version of this up in Alaska - with the minority party holding the majority hostage as the Governor eviscerates their budget.Ongoing in: One Party Really Resents Poor and Middle Class America Having Healthcare.
Basically this is Republican lawyers in front of Republican judges, arguing that insurance companies shouldn’t be required to cover prescription drugs or preexisting conditions.
Why?
One judge basically says "the process they used to repeal the law couldn't actually repeal the they, thus they actually wanted to repeal the law." This was after congress failed to get enough votes to actually repeal the ACA.
So to spite congress and popular will, these judges say humbug.
Republican judges appear to side with Texas challenge to Obamacare
Two Republican-appointed judges on the appeals panel hearing a Trump-backed challenge to Obamacare — a majority of the three-judge panel — suggested Tuesday that they might side with a lower court judge who said last year that the whole law should be struck down.
Lawyers from the Trump administration and a group of Republican states squared off against attorneys from a coalition of Democratic states and the House of Representatives in a New Orleans appeals court to argue the fate of the Affordable Care Act.
If the challenge is upheld, it threatens to wipe away coverage for millions of Americans, as well as the law’s protections for those with pre-existing conditions. And it would do what Congress failed to accomplish in 2017 — take down Obamacare.
Three 5th US Circuit Court of Appeals judges — one nominated by President Donald Trump, one by George W. Bush and one by Jimmy Carter — heard the arguments. Because the case is before one of the most conservative appellate courts in the country, it is almost guaranteed to wind up in the Supreme Court.
The lawsuit against the ACA was brought by 20 Republican state attorneys general and governors, as well as two individuals — though the number of attorneys general is now down to 18 after Democrats took control of Maine and Wisconsin in the midterm election last year. The challenge revolves around the congressional decision to effectively eliminate the individual mandate penalty by reducing it to $0 as part of the 2017 tax cut bill. The mandate requires nearly all Americans to get health insurance or pay a penalty.
The Republican coalition, led by Texas Attorney General Ken Paxton, maintains that the change rendered the mandate itself unconstitutional.
The states say that the voiding of the penalty, which took effect this year, removes the legal underpinning the Supreme Court relied upon when it upheld the law in 2012 under Congress’ tax power.
A federal judge in Texas agreed, ruling in December that the change invalidates Obamacare in its entirety. The law remains in effect while the case works its way through the courts.
Douglas Letter, arguing for the now-Democratic controlled House of Representatives, said that Texas and other states are exaggerating the impact of the law Trump signed in 2017 eliminating the mandate. Texas, he said, created a new excuse to challenge a law it doesn’t like, which was upheld in 2012.
“Texas said ‘HA! — you just did something unconstitutional,'” Letter said.
Even though the tax penalty is now $0, Letter argued, the choice people had still exists: buy insurance or don’t.
“The Supreme Court said unequivocally, either you shall maintain health insurance or incur a tax,” he said, adding that it doesn’t matter if that tax is $0.
“That means the choice is still there,” he said. In fact, he argued “there’s less coercion than there was before” to buy insurance.
Trump’s Justice Department wants law struck down
Notably, the Trump administration is not defending the law. Initially, it argued that zeroing out the penalty invalidates only two of the law’s protections of those with pre-existing conditions — specifically the provisions banning insurers from denying people policies or charging them more based on their medical histories.
But in a surprise move in March, the Justice Department said it now agrees with the December ruling that the entire Affordable Care Act should be struck down.
Trump is pinning his hopes on the court striking down the law, allowing him to fulfill his campaign promise to repeal it, but congressional Republicans are keeping their distance since it gives Democrats fodder to attack the GOP for not protecting those with pre-existing conditions — a hallmark of the landmark health reform law.
This is truly the Counter-Majoritarian Difficulty. When the party that lost the overall popular vote in the last two elections gets to dismantle popular government programs.