Big Win for the American People

There was a big win for American consumers today.  ObamaCare as a whole was struck down by district court judge O'Connell.  It will be appealed in the 5th circuit and ultimately end up in the Supreme court, however, this decision will likely hold up.

 

Chief Justice Roberts stated that the individual mandate was unconstitutional on its own, and the entire law required it or the law fell apart, but the forced "penalty" fell under the powers of the purse in congress and therefore because of the taxation supporting the individual mandate, the law as a whole was constitutional.

 

Earlier in this congressional session  The penalty was removed from the law.  Texas AG Ken Paxton leading a multi-state challenge of the law again began in April.  It culminated today with a ruling in their favor.

 

The law will remain in place as it goes through the appeals process, but it seems likely dead on arrival at this point.

 

This will create a real dilemma in congress - especially in a now democrat run house.  They can no longer run through a huge bureaucratic nightmare law like they did when they had a super majority in the senate.  If they are to replace it with anything, they will truly have to have a bipartisan bill.

 

Worst case, we go back to the system we had prior to 2009 that 80% of Americans were happy with.  Best case - they come together and take that system in 2008 and simply tweak it to remove some of the burdensome regulations such as allowing insurance to be sold across state lines to increase patient risk pools, tort reform on medical malpractice, require transparency of patient costs so there can be more patient choice on procedures.

 

I am sure it is likely a pipe dream to get best case, and likely to get worst case with some minor bill that requires insurers to cover preexisting conditions in some way.

 

The good news, however is there is no way the "Medicare for None" democrats have been calling to move to likely has no hope of going anywhere even if the house pushes it through.

 

We certainly aren't out of the woods, and there is a lot of propaganda surrounding health care that Americans will have to understand is just that.  Talking points, not facts.  We are talking about 19% of the US economy here.  We don't want it managed in any way by the government.  We should all want it managed through the free market which has always proven to work best.

 

There is not a "one size fits all" federal solution that works.  The states can decide what works for them, and the only thing the feds should do is reduce the insurance pool restrictions.

 

I am sure there are those here who are going to start screaming about the millions of people that will die because of this decision (the left in congress is already revving up some of those tired, old talking points), but the truth is, this was a big win for the people of America, and a big step in trying to reduce the overreach of the Federal Leviathan.

 

Comments

Recent Articles by Writers Ken follows.