BREAKING MAJOR NEWS: The ACA Texas lawsuit is out. Trump and GOP push to repeal ACA.
Appeals court says mandate unconstitutional but sends case back to lower court to reconsider ACA impact. Avoids Supreme Ct in election year.
I will report out more here. Follow if interested.
Appeals court says mandate unconstitutional but sends case back to lower court to reconsider ACA impact. Avoids Supreme Ct in election year.
I will report out more here. Follow if interested.
Talking to lawyers and others for a bit. Will report everything below when I get through. 2/
So far I’ve heard the same thing from every lawyer I’ve spoken with that this is a lawless ruling.
Sending a clear cut case to invalidate the ACA back to the conservative judge that invalidated it in the first place is at best a dodge, but more accurately is subterfuge. 3/
Sending a clear cut case to invalidate the ACA back to the conservative judge that invalidated it in the first place is at best a dodge, but more accurately is subterfuge. 3/
In short it’s an attempt to get the law invalidated without taking responsibility. Also... 4/
It keeps the uncertainty Americans feel over their right to pre-existing condition protection alive longer.
And shifts the dialogue squarely to the GOP and Trump position to attack pre-Ex condition protections alive longer. 5/
And shifts the dialogue squarely to the GOP and Trump position to attack pre-Ex condition protections alive longer. 5/
The strategy from the court seems to be— there’s no grounds to strike the whole law down and we would get overruled by the SC.
But since we’re good anti-ACA conservatives let’s send it back, elongate the process. And likely wait for a different Supreme Court in the process. 6/
But since we’re good anti-ACA conservatives let’s send it back, elongate the process. And likely wait for a different Supreme Court in the process. 6/
I’m sure legal analysis will say that the majority:
They shirked their reaponsibility
They gave standing where none exists
They were playing political games
They didn’t even come close to apply the law 7/
They shirked their reaponsibility
They gave standing where none exists
They were playing political games
They didn’t even come close to apply the law 7/
What does it mean for you?
1. The ACA is still the low of the land.
2. If nothing changes, the court won’t have made a decision before the election.
3. Who appoints Supreme Court Justices (choice of president) more important than ever. ... 8/
1. The ACA is still the low of the land.
2. If nothing changes, the court won’t have made a decision before the election.
3. Who appoints Supreme Court Justices (choice of president) more important than ever. ... 8/
4. Democratic presidential candidates must do a better job running on the fact that Trump is conspiring to eliminate all ACA protections, drug cost reductions, coverage gains & Medicaid expansion. Without an alternative. As a goal! 9/
5. It could be several years of this.
6. It’s also possible that a CERT is filed and this gets heard more quickly. I’m going to wait to describe that until legal approach is thought through.
7. @nicholas_bagley is a great ongoing source of legal analysis. 9/
6. It’s also possible that a CERT is filed and this gets heard more quickly. I’m going to wait to describe that until legal approach is thought through.
7. @nicholas_bagley is a great ongoing source of legal analysis. 9/
8. @nicholas_bagley’s view represents conservative and liberal scholar consensus hear. He’s a great follow if you want to see where health and law intersect anyway.
That’s it for now. More if I learn more. /end
That’s it for now. More if I learn more. /end
Here is what Trump, the GOP, and the conservative courts are getting closer to taking away with their dodgy ruling. 
Connecting 2 threads together to tell the complete story. (The dictionary should create a word for that.)
