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The Affordable Care Act II - Because Mr. Obama Loves You All


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On 5/4/2018 at 3:16 PM, B-Man said:

Yeah................................about that Medicaid expansion..................

 

 

FIRST IN FLIGHT FROM FISCAL SANITY: North Carolina Medicaid Scandal Broadens on Dem. Gov. Cooper’s Watch.

The political backstory to this tale begins with Cooper surprising the pollsters and his opponent — incumbent Republican Gov. Pat McCrory — in November 2016 by winning a narrow victory. Through deft sleight-of-hand, and taking advantage of a quirk in state law, Cooper arranged an early swearing-in for himself just minutes after midnight on January 1, 2017. That legerdemain allowed Cooper just 12 days laterto appoint Cohen, at the time Obama’s Chief Operating Officer of Medicaid, to head the North Carolina DHHS before Barack Obama left office.

 

Thus was set the stage for the Cooper Administration to bring to a screeching halt what had been one of his predecessor’s top priorities — rolling back years of reckless spending by North Carolina Democrats. One of McCrory’s main targets had been Medicaid spending in the state; which had come to swallow nearly $15 billion of North Carolina’s $23 billion annual budget.

 

The runaway Medicaid spending had placed North Carolina in a financial bind, with little cash for anything else. Thus, in 2015 McCrory and the Republican state legislature passed a law that would limit Medicaid spending, remove management of the program from the state Health Secretary and contract it out to private companies, and prohibit further expansion of the program; all steps permitted under federal law.

 

As soon as Cooper had himself sworn in early, he immediately submitted a request to the Obama Administration to illegally expand Medicaid and maintain government control of the program.

 

 

Read the whole thing.

 

 

 

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Hmm. You'd think this would make news.  Berger talks to everyone about this and gets nothing. The media here won't cover it. Outside of Charlotte, RDU, Asseville, the bits of coasts and the inner city places of chaos there are only local newspapers stretched so thin they don't cover news and outsource it to the AP.

 

North Carolina was !@#$ed the minute McCrory took office because billions funnelled in from out of state to oust him and his deals.  Cooper is as crocked as they come and has backpedaled on more issues than a Clinton. From his beliefs on gay rights and equal rights to his restrictions on the 1st amendment, both issues were ripped apart by SCOTUS

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  • 2 weeks later...

HMM: With the individual mandate dead, the rest of Obamacare is unconstitutional.

In fact, the only basis for the mandate’s constitutionality, according to Roberts, is that it’s a tax — not a fine, penalty, or anything else. This is a vital point, because when Republicans passed their tax reform legislation in December 2017, they included a provision in the law that lowers the individual mandate penalty to $0 beginning in January 2019, effectively eliminating any hope the individual mandate could still be considered a “tax.”

 

If the tax-less individual mandate is now found to be unconstitutional, it could very likely result in the entire healthcare law being struck down. In their 2012 dissenting opinion, four Supreme Court judges argued the ACA could not survive absent the individual mandate. Although Roberts never addressed the question in his opinion, there are good reasons to believe he should agree to throw the entire law out.

 

When determining whether a law should survive despite having at least one provision determined to be illegal, the Supreme Court has enacted a two-part test. In his 2012 dissent, Scalia explained the first part is “whether the now truncated statute will operate in the manner Congress intended. If not, the remaining provisions must be invalidated.”

 

Because Congress is the one that determined the Obamacare fine should be $0, it would likely be difficult to argue the ACA is operating in a manner it didn’t intend. But the second part of the test poses a much more difficult problem.

 

“Second, even if the remaining provisions can operate as Congress designed them to operate, the Court must determine if Congress would have enacted them standing alone and without the unconstitutional portion,” Scalia wrote. “If Congress would not, those provisions, too, must be invalidated.”

 

 

The reasoning seems solid, but you never know what the Roberts Court might do.

 

 

 

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3 hours ago, B-Man said:

HMM: With the individual mandate dead, the rest of Obamacare is unconstitutional.

In fact, the only basis for the mandate’s constitutionality, according to Roberts, is that it’s a tax — not a fine, penalty, or anything else. This is a vital point, because when Republicans passed their tax reform legislation in December 2017, they included a provision in the law that lowers the individual mandate penalty to $0 beginning in January 2019, effectively eliminating any hope the individual mandate could still be considered a “tax.”

 

If the tax-less individual mandate is now found to be unconstitutional, it could very likely result in the entire healthcare law being struck down. In their 2012 dissenting opinion, four Supreme Court judges argued the ACA could not survive absent the individual mandate. Although Roberts never addressed the question in his opinion, there are good reasons to believe he should agree to throw the entire law out.

 

When determining whether a law should survive despite having at least one provision determined to be illegal, the Supreme Court has enacted a two-part test. In his 2012 dissent, Scalia explained the first part is “whether the now truncated statute will operate in the manner Congress intended. If not, the remaining provisions must be invalidated.”

 

Because Congress is the one that determined the Obamacare fine should be $0, it would likely be difficult to argue the ACA is operating in a manner it didn’t intend. But the second part of the test poses a much more difficult problem.

 

“Second, even if the remaining provisions can operate as Congress designed them to operate, the Court must determine if Congress would have enacted them standing alone and without the unconstitutional portion,” Scalia wrote. “If Congress would not, those provisions, too, must be invalidated.”

 

 

The reasoning seems solid, but you never know what the Roberts Court might do.

 

 

 

.

 

I'm guessing they'll go with "A tax for 0 dollars is still legislatively a tax, hence not unconstitutional."

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On ‎5‎/‎22‎/‎2018 at 9:40 PM, DC Tom said:

 

I'm guessing they'll go with "A tax for 0 dollars is still legislatively a tax, hence not unconstitutional."

 

I'm guessing that since it was passed without anyone knowing what was in it, the law satisfies the second test and will not be struck down.

 

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The headline should have read: "Conservative Priority Wins in Virginia"

 

"Key to the deal was a compromise that forced Democrats to support a new mandate in Medicaid that will require at least some new Medicaid enrollees to work or show they are looking for work.

This has been a conservative priority that the Trump administration has encouraged in other states, including Kentucky, Indiana, Arkansas and New Hampshire."

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4 minutes ago, 3rdnlng said:

The headline should have read: "Conservative Priority Wins in Virginia"

 

"Key to the deal was a compromise that forced Democrats to support a new mandate in Medicaid that will require at least some new Medicaid enrollees to work or show they are looking for work.

This has been a conservative priority that the Trump administration has encouraged in other states, including Kentucky, Indiana, Arkansas and New Hampshire."

Day one!?

 

?Obamacare expanded!!! 

So much winning!! 

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On 5/24/2018 at 11:44 AM, LABillzFan said:

 

Somehow I think providing them free health care coverage will be cheaper.

From the article, this sentence jumped out at me "Funding is the key obstacle....".

 

to summarize, finding the way to pay for something is the only obstacle to the free stuff that cost billions. 

 

If stupid weighs more than smart, one day soon California will indeed tumble into the sea.

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1 hour ago, leh-nerd skin-erd said:

From the article, this sentence jumped out at me "Funding is the key obstacle....".

 

to summarize, finding the way to pay for something is the only obstacle to the free stuff that cost billions. 

 

If stupid weighs more than smart, one day soon California will indeed tumble into the sea.

California is doing great. If it was it's own country it would be the fifth largest economy in the world. And the Republican party is disappearing there in the face of all that prosperity. West Virginia is turning Republican and getting poorer everyday 

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