News Federal judge rules Affordable Care Act is unconstitutional

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Thump553

Lifer
Jun 2, 2000
12,726
2,501
126
Everyone should realize this is a district court opinion that is overwhelmingly likely to go nowhere. It’s barely worth discussing.

I wouldn't be so sure. This was essentially a GOP-led class action. It was brought in this state and this district for specific reasons-it was the plaintiffs (GOP) best bet to find a sympathetic judge willing to swallow their line of BS. More significantly it was brought in a circuit where the GOP has the best chance of winning as well. The US Supreme Court does not have to take the appeal. If this wins in the Circuit Court of Appeals and if the Supreme Court doesn't take the appeal, this will be binding law on every state within that circuit at a minimum.

I don't want to overstate the chances of this happening but I think you over-trivialized the potential importance of this case.
 

fskimospy

Elite Member
Mar 10, 2006
84,812
49,498
136
I wouldn't be so sure. This was essentially a GOP-led class action. It was brought in this state and this district for specific reasons-it was the plaintiffs (GOP) best bet to find a sympathetic judge willing to swallow their line of BS. More significantly it was brought in a circuit where the GOP has the best chance of winning as well. The US Supreme Court does not have to take the appeal. If this wins in the Circuit Court of Appeals and if the Supreme Court doesn't take the appeal, this will be binding law on every state within that circuit at a minimum.

I don't want to overstate the chances of this happening but I think you over-trivialized the potential importance of this case.

I do not agree, the opinion is facially ludicrous and SCOTUS will not allow a circuit split on the ACA. All the votes to uphold the ACA are still on the court.

While you’re right that if this ruling were upheld it would be catastrophic the health effects would be secondary. The real problem is that it would functionally end the ability to pass legislation in the United States on most complex issues. The entire system would risk collapse.

If you can render a prior statute unconstitutional by adding an unconstitutional provision to it that’s basically game over for America. Social security, Medicare, basically all regulations, etc. All gone.
 
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kage69

Lifer
Jul 17, 2003
28,049
38,549
136
An activist judge, in Texas?

GTFO here.

Racist republicans are still pissed at Roberts for upholding ACA. They're going to do what they can with what they've got while the traitor is still in office. Truly concerning, this knack for republicans to undermine precedent and the Constitution.

Republicans are a blight on this country.
 

Viper1j

Diamond Member
Jul 31, 2018
4,195
3,699
136
An activist judge, in Texas?

GTFO here.

Racist republicans are still pissed at Roberts for upholding ACA. They're going to do what they can with what they've got while the traitor is still in office. Truly concerning, this knack for republicans to undermine precedent and the Constitution.

Republicans are a blight on this country.

Many of them still think it's possible to sell your soul to the devil and avoid hell.
 

brandonbull

Diamond Member
May 3, 2005
6,330
1,203
126
1/2 men will develop some type of cancer in their lifetime.
1/3 women will do the same.

Diabetes is on the rise, and is projected to be 3rd, only behind cancer and heart disease. The healthcare system is America is a tragedy. We are in for some major issues, and no one seems to care. Why should congress care. Healthcare for life. Family members are taken care of so why the rush to fix a broken system? There is no rush. People who voted against Obamacare and have no insurance are delusional. One incident and you are f*cked! It could be an unexpected illness or a car wreck. Even people with health coverage are at a disadvantage, unless you are wealthy. Wealth= Awesome coverage. I learned this first hand. My unlce who had Parkinson's disease was a multimillionaire. He also had the best coverage money could buy. He had a nurse on duty 24/7. He donated $50k to a local hospital. His name is up on the plaque of donors. Of course, he was treated as good as anyone could be treated. The best. He had messages 3 times a day. He had a chef who cooked food for him 2-3X a week. A nanny who cooked meals, and who cleaned up the house. I'd take him to Whole Foods 3X a week. All organic. Only the best. Also, most of this was out of pocket. I'd see his wife write a check for $3k like it was nothing. She did this often too.

So, unless you have that kind of cash you are going to be in a bad shape. It's why I see beef and beer benefits all the time in my area for cancer/heart disease patients. They don't have the money to cover their expenses. Insurance only covers a fraction of the cost. Those bills can rack up very quickly,. And, they aren't going to give you a nurse 24/7. Good luck with that.


For the most part, our "broken" healthcare system is caused by preventable conditions and not by expensive treatments. We need to attack the source of illnesses so our healthcare system can do its job.
 

brycejones

Lifer
Oct 18, 2005
26,683
24,997
136
For the most part, our "broken" healthcare system is caused by preventable conditions and not by expensive treatments. We need to attack the source of illnesses so our healthcare system can do its job.

You mean like clean up the environment? Test the chemicals we allow to be discharged into our water and persist in our food as it moves from farm to table?

I'm sure you have a great you-tube link that shows how with one neat trick we can fix it all. Why not link it?
 
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Sunburn74

Diamond Member
Oct 5, 2009
5,034
2,613
136
For the most part, our "broken" healthcare system is caused by preventable conditions and not by expensive treatments. We need to attack the source of illnesses so our healthcare system can do its job.
I disagree. Preventability is very hard to define. At the end of the day, everyone dies of something and the majority of healthcare costs in this country are incurred in the last 6 months of life.
Even more so, utilization of medicine (ie number of tests, surgeries, treatments, medicines, etc) between say the UK and the US is about the same (US is about 10% more per person overall). What is strikingly different are the costs of the identical services between the two countries.
 

ch33zw1z

Lifer
Nov 4, 2004
37,995
18,344
146
For the most part, our "broken" healthcare system is caused by preventable conditions and not by expensive treatments. We need to attack the source of illnesses so our healthcare system can do its job.

Good luck convincing those conservative states that they're the reason healthcare is so expensive and you're going to take their rights away to force this to happen. Assuming it will happen on it's own is laughable.

https://www.cdc.gov/heartdisease/maps_data.htm?CDC_AA_refVal=https://www.cdc.gov/heartdisease/maps_statistics.htm

https://www.cdc.gov/obesity/data/databases.html

https://www.cdc.gov/diabetes/data/county.html
 

ch33zw1z

Lifer
Nov 4, 2004
37,995
18,344
146
Hah, yeah, like it's only the ACA. The whole industry, as far as I can tell, has been making a change to high deductible HSA plans.
 

Jaskalas

Lifer
Jun 23, 2004
33,574
7,637
136
People who voted against Obamacare and have no insurance are delusional...

I find detachment from reality is an all too common problem with political beliefs. And political actions / votes based on those beliefs. A shame, really.
 

kage69

Lifer
Jul 17, 2003
28,049
38,549
136
Good luck convincing those conservative states that they're the reason healthcare is so expensive and you're going to take their rights away to force this to happen. Assuming it will happen on it's own is laughable.

https://www.cdc.gov/heartdisease/maps_data.htm?CDC_AA_refVal=https://www.cdc.gov/heartdisease/maps_statistics.htm

https://www.cdc.gov/obesity/data/databases.html

https://www.cdc.gov/diabetes/data/county.html


Remember them losing their collective shit when Michelle Obama had the audacity of wanting kids to eat healthier food?

Then there is the taxing of risky food items, but republicans want them cheap and readily avaiulable to children because Merica.

Republicans acting like they have the country's best interest in mind when it comes to healthcare is a sad, pathetic joke. Any non-partisan who has been paying attention since the ACA struggle knows this.
 
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Jaskalas

Lifer
Jun 23, 2004
33,574
7,637
136
Remember them losing their collective shit when Michelle Obama had the audacity of wanting kids to eat healthier food?

That is a form of telling people what to eat. Combined with slippery slope, etc. people lost their shit from fear of control / loss of freedom.
If the menu was expanded, not replaced, there wouldn't have been such backlash.
 

K1052

Elite Member
Aug 21, 2003
46,865
34,813
136
Sort of amazing to watch Trump moronically cheerlead on the most politically damaging issue him and the Republicans face for 2020. If he actually got what he wanted It's one of the few things that could actually propel Democrats to full government control again.
 

fskimospy

Elite Member
Mar 10, 2006
84,812
49,498
136
Remember them losing their collective shit when Michelle Obama had the audacity of wanting kids to eat healthier food?

Then there is the taxing of risky food items, but republicans want them cheap and readily avaiulable to children because Merica.

Republicans acting like they have the country's best interest in mind when it comes to healthcare is a sad, pathetic joke. Any non-partisan who has been paying attention since the ACA struggle knows this.

The fact that as already mentioned the real problem in the US is the same procedures cost much more here, as you mention it this is just another one of the circular excuses conservatives use to justify doing nothing.

1) It's not our health care system, it's our bad health habits! That's what we need to improve!
2) *Government tries to improve health habits*
3) STOP TELLING ME WHAT TO DO, COMMIE
 

[DHT]Osiris

Lifer
Dec 15, 2015
14,618
12,754
146
The fact that as already mentioned the real problem in the US is the same procedures cost much more here, as you mention it this is just another one of the circular excuses conservatives use to justify doing nothing.

1) It's not our health care system, it's our bad health habits! That's what we need to improve!
2) *Government tries to improve health habits*
3) STOP TELLING ME WHAT TO DO, COMMIE
4) Look how much money they've spent and they haven't even gotten anything done!
5) We should implement a better version since they're so incompetent!
6) *releases exact thing done in 0)* *collective eyeroll*
 

K1052

Elite Member
Aug 21, 2003
46,865
34,813
136
4) Look how much money they've spent and they haven't even gotten anything done!
5) We should implement a better version since they're so incompetent!
6) *releases exact thing done in 0)* *collective eyeroll*

7) each state should implement it's own wildly different healthcare scheme to see what works even though we've got a ton of examples outside the US but those don't work cause Merica', freedom, Communists, etc.
 

SMOGZINN

Lifer
Jun 17, 2005
14,218
4,446
136
7) each state should implement it's own wildly different healthcare scheme to see what works even though we've got a ton of examples outside the US but those don't work cause Merica', freedom, Communists, etc.

Don't forget the corollary, if a state manages to make a working system, and that state happens to be Democratic lead, then the state is going to go bankrupt (at some unknown time in the future) because of their solution.
 

lopri

Elite Member
Jul 27, 2002
13,211
597
126
I do not know how the plaintiffs have a standing to sue in the first place? With $0 penalty attached to the mandate, where is the "injury in fact?"
 

fskimospy

Elite Member
Mar 10, 2006
84,812
49,498
136
I do not know how the plaintiffs have a standing to sue in the first place? With $0 penalty attached to the mandate, where is the "injury in fact?"

As far as I can tell it's Schrodinger's Mandate. It incurs no penalty (injury), making it unconstitutional, while simultaneously causing sufficient injury to grant standing to the plaintiffs.

The other big problem with this logic is that it appears to be self-defeating. I read an opinion earlier that reminded me of the fact that the entire reason the mandate was struck down over Commerce Clause objections was that it illegally coerced people into buying insurance. Now that the penalty is zero it could be unconstitutional under the taxation clause but since it's no longer coercing anyone into doing anything it would no longer be unconstitutional under the Commerce Clause. Whoops!
 
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kage69

Lifer
Jul 17, 2003
28,049
38,549
136
That is a form of telling people what to eat. Combined with slippery slope, etc. people lost their shit from fear of control / loss of freedom.
If the menu was expanded, not replaced, there wouldn't have been such backlash.


Horseshit. You're talking about a crowd so worked into a lather against the dreaded negro they were bitching about the color of what he wore and what he put on a hotdog. The reactions the right had about the Obamas advocating staying in school or healthier food was ridiculous. Put as much lipstick on that pig as you want, doesn't change anything.
 

SMOGZINN

Lifer
Jun 17, 2005
14,218
4,446
136
If the menu was expanded, not replaced, there wouldn't have been such backlash.

Expanding the menu would not help. If you give an 'expanded' menu to 8th graders that gives them a choice between pizza and balanced meal, they pretty much all choose the pizza. We are talking about kids here. Hell, most adults are not very good at making good choices on what to eat on a consistent enough basis to remain healthy.
 

zinfamous

No Lifer
Jul 12, 2006
110,810
29,564
146
That is a form of telling people what to eat. Combined with slippery slope, etc. people lost their shit from fear of control / loss of freedom.
If the menu was expanded, not replaced, there wouldn't have been such backlash.

"Hey guys, stop eating fucking poison that is killing you and exploding healthcare costs for everyone."

You call that a form of "telling you what to eat and lack of freedom?" It is abundantly clear that in some life instances, the people seriously do need to be protected against themselves. It's maybe a harsh fucking truth to some ignorant assholes out there, but it's the goddamn only truth. Their shitty ass life-killing decisions actually effect costs for all of us--so yes, they fucking need to be told what to eat. It's not complicated.
 

UglyCasanova

Lifer
Mar 25, 2001
19,275
1,361
126
I’m not against the concept of a single payer system or universal healthcare or whatnot. I am against he ACA though because it isnt making healthcare affordable at all. Price keep going up and there’s no mechanism in there to address that at all.

I’d advocate for government sponsored healthcare assuming:
  • it wasn’t tied to your job at all, the idea that our employers who (unless we work in the insurance industry) aren’t in the business of managing healthcare but have been tasked with doing it anyways
  • we tax junk food. Not sure of the mechanism but we’ve been to the moon I’m sure we can do this. Those proceeds have to go towards the national healthcare fund. It’ll cut down on consumption of junk
  • Preventative measures are emphasized over reactionary ones. Do away with the fee for service model and focus on outcomes.
  • allow ER's to turn down people. If triage it’s determined they are here for a headache or a cough allow hospitals to deny service and refer them to a walk-in clinic without fear of lawsuits
  • Tort reform. Malpractice suits are necessary but there is certainly room for reform
  • No junk food using snap benefits. Not sure the best way to regulate that but our poor also have the worst eating habits. Raise the amount they recieve each month because fruits and veggies do cost more, but no cookies or soda etc
  • Death panels. Have em. If you don’t like the idea buy private insurance that covers you. Keeping granny alive for another month isn’t worth hundreds of thousands of dollars. I’m not sure how we draw the line here but there needs to be some sense of sanity in healthcare at the end of life.

I’m sure I can come up with plenty others, just a start off the top of my head,

Edit here’s another
  • Legalize marijuana and fund research into medicinal uses for it.
 
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