As the Trump administration sues to cancel Obamacare, GOP voters must ask why legislation from the bench is now ok. Is the Democrats’ signature lawfare tactic considered principled conservatism now that Kavanaugh and Gorsuch sit on the Supreme Court?
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Trump Sues to Cancel Obamacare: Is GOP Now Ok with Legislation from Bench?
As the Trump administration sues to cancel Obamacare, GOP voters must ask why legislation from the bench is now ok. Is the Democrats’ signature lawfare tactic considered principled conservatism now that Kavanaugh and Gorsuch sit on the Supreme Court?
8 replies on “Trump Sues to Cancel Obamacare: Is GOP Now Ok with Legislation from Bench?”
The ACA is unconstitutional – nothing in the constitution allows a federal law to compel the purchasing of a good or service.
If the law is unconstitutional, the Supreme Court should strike it down. If they screw up and rule that it constitutional, they should realize that they made a mistake and strike it down. Stare Decisis should not be used to protect an unconstitutional law.
Rather than trying to fix the law, or carve out parts of it, they should strike down the entire thing, saying exactly what is wrong with. Then it is up to congress if they want to “fix” it.
Our country survived without Obamacare for centuries. We can survive without it for now.
Of course President Trump should “legislate from the bench”, which in this case is a misnomer. We’ve had two opportunities to repeal Obamacare and the republicans failed us both times. We gave them the majority and the GOP congress pissed it away. I don’t think we will ever get it repealed that way, so this time, let’s take it directly to the Court since it is currently unconstitutional. This isn’t like we are writing new laws, we are forcing the Congress to accept the current law. And ObamaCare is unconstitutional!
Prove me wrong.
We live in a post-Constitutional nation, at the whim of gangsters. So there…you’re wrong. 😉
Dunno how to get back without open war.
Yeah, the Affordable Care Act is so successful! It is so successful, my next door neighbor, a senior, and a LEGAL immigrant, who has lived in the US for over 30 years, is being forced to sell the house she loves, and leave the country she has come love and call home, to go back to England because her health insurance has become so outrageously expensive, she can no longer afford to live here.
I’m a doctor caught in the cluster-*#>! of the current state of Healthcare. The bast*rds in the triumvirate who have screwed this up, the government, the hospital corporations, and the insurance companies, are alienating the public to the point that government healthcare/single-payor is inevitable. I did a small operation on the neck under local anesthesia in the OR this AM and the patient told me that the bill was going to be $40K, but the $35K write-off made it “doable”. Not that long ago, doing this in my office would have been a factor of a hundred less. Yes, you read that correctly, the bill is 100X larger.
The few people who actually pay for insurance are carrying the rest of America’s costs and they will eventually give up and go full government takeover.
No, laws should not be crafted in courtrooms. Not ever. (…and that’s a period at the ends of those sentences) And the GOP is not attempting to craft law in a courtroom. That’s the Trump Administration attempting to put a stack through the heart of a very bad law, the Affordable Care Act (I choke every time I say or write the name of that law – the irony of its name is too thick to swallow). Donald Trump is not a Republican. The Republicans should have crafted a proper law when they controlled Congress. They didn’t. Thus, President Trump is left to administer an unconstitutional law and has every right to seek to have it nullified in court.
Let us not forget, as much as there is a valid case to be made about the creation of new laws through tortured judicial interpretations – the Judicial branch was conceived of with the intent that it would provide oversight and remediation of unjust/uncontitutional legislation. The courts exists to strike down bad laws and bad interpretations of law, and that is exactly what it would be doing here. The objection against Roe v. Wade and Obamacare rulings is that they served to functionally *create* new law by the precedents they set (right to abortion, and $0 tax respectively). This usage of the courts is entirely justified, but that is not to say that a functional and effective legislative solution would not have been preferable… but these sorts of Legislative malfunctions (or dysfunction) were intended to be the purview of the Judicial.
The affordable health care act was/is a disaster. Before the ACA, my family had excellent health care via private insurance. Deductables and copays were low and benefits and services were very satisfactory. The premiums were reasonable as well. After the ACA, ALL of my expenses doubled and tripled related to my insurance. My deductables increased to the point of it really not being insurance at all. My premiums and copays doubled. The only entities that benefited from the ACA were the insurance companies. Medical providers lost money, consumers got hit big, and the Democrats got to take a victory lap. Thanks Obama!