ACA Is NOT Unconstitutional!!!

I would really like to know just how much Donald Trump paid to U.S. District Judge Reed O’Connor of Texas.  Or perhaps it wasn’t money, but the promise of a seat on the U.S. Supreme Court.  Whatever the enticement, Judge Reed O’Connor has just thrown the citizens of the United States under the proverbial bus.  What, you ask, did he do?  Last night, Judge O’Connor ruled that ACA in its totality is unconstitutional.  Not just part of ACA … the entire bloomin’ Affordable Care Act!Judge O'ConnorJudge O’Connor isn’t new to controversial rulings.  Let’s take a look at just a few he’s made in the past decade …

  • Halted implementation of ACA Section 1557 that prohibited discrimination against transgender people by federally funded health programs. Why?  Because the judge felt it violated religious rights under the Religious Freedom Restoration Act. – December 2016
  • Ruled against the Title IX law that required that schools receiving federal funding not discriminate against students on the basis of sex or gender identification – October 2016
  • Ruled that the Indian Child Welfare Act was unconstitutional. The act halted the forcible removal of as many as 25% – 30% of Native American children from their homes for no reason other than their heritage, and then being put up for adoption, placed in non-Indian homes with a deliberate absence of American Indian cultures – October 2018

So, we have here a judge in the southern state of Texas who is a proven bigot and racist, and he has decided that the entirety of ACA, the program that was intended to ensure that every man, woman and child in the U.S. would have at least basic healthcare insurance, goes against the Constitution.  And Trump’s own ‘surprised’ reaction?

“Wow, but not surprisingly, ObamaCare was just ruled UNCONSTITUTIONAL by a highly respected judge in Texas. Great news for America!”

No, you fat, pimple-faced, fake-hair jerk!  It is the worst possible news for America!  Only wait … that’s right, you don’t give a damn about America, do you, for your allegiance lies elsewhere … in Russia … in Saudi Arabia.

And later …

“As I predicted all along, Obamacare has been struck down as an UNCONSTITUTIONAL disaster! Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions.”

Yeah, sure, right … and I believe that the Easter Bunny lays chocolate eggs, too …

Judge O’Connor has been sitting on the case that prompted his ruling for several months now, but it was decided to wait until the end of the open enrollment period and, more importantly, after the mid-term elections, where health care was a major deciding factor for many voters.  Clever, aren’t these damn republicans?

The judge’s ruling will no doubt be appealed all the way up the line until finally it lands on the docket of the U.S. Supreme Court, so for the time being, nothing changes.  What happens when it reaches the Supreme Court?  Good question.  Remember how just this week, Kavanaugh sided with liberal and moderate judges in a refusal to hear a case that could have ended in defunding Planned Parenthood?  People were scratching their heads, wondering if perhaps Kavanaugh was a decent guy after all.  I said he was biding his time, picking his battles.  What do you want to bet this is one of those battles he was saving up for?

The basic difference in ideologies between democrats and republicans boils down to whether the government’s focus should be on people or industry.  Prior to ACA, health insurance was so expensive that a large portion of Americans took their chances without insurance.  ACA sought to remedy that, sought to ensure that no child would have to die because his parents could not afford to take him to the doctor.  But the republicans believed that their tax dollars should not be wasted on the lives of those of us they view as second-class citizens because we haven’t had the same opportunities for enrichment they have had.

And now a bigoted judge in Texas has decided all by himself that healthcare should only be accessible to those who earn over a certain amount of money.  ACA is not unconstitutional.  ACA is about helping people live their lives.  Nowhere in the Constitution does it state that people should not be allowed to live if they are poor.  Unlike Donald Trump, I have actually read the Constitution … many times.  We The People are sick and tired of having to fight battle after battle to be treated with a bit of respect in our own country, the country that our hard-earned tax dollars support.  We are paying a high price for the follies of the current administration and it is past time for people to realize it.

As for Judge Reed O’Connor … I’m betting that next time Trump has an opportunity to nominate a Supreme Court justice, O’Connor’s name will be on the short list.

52 thoughts on “ACA Is NOT Unconstitutional!!!

  1. You do realize that Health Insurance and Healthcare are not the same thing right? Before the ACA everyone ALREADY had the opportunity to purchase health insurance. It is available. The ACA is Unconstitutional after the repeal of the mandate. Remember, it was the mandate that made it “constitutional” in the first place. The Federal government cannot and should not force people to purchase a product and that is what the ACA did.

    Liked by 1 person

    • Yes, sir, I am well aware of the difference. I have a Master’s in Political Science and am close to a Ph.D. in International Relations. In addition, I hold a CPA license, so yes, I’m fairly astute in politics and terminology. No, sir, before ACA everyone did NOT have the opportunity to purchase health insurance. Many of us cannot afford it, or have pre-existing conditions that make it cost-prohibitive. No, as the title off my post states, ACA is NOT unconstitutional. Every man, woman and child should be able to get medical treatment when they need it, just as nobody should go to bed hungry or have to live on the streets. I presume you would argue that point, also.

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        • I fully understand the difference … again, contrary to what you think, I am reasonably intelligent. However, in this country, one cannot get affordable medical TREATMENT if one does not have INSURANCE, thus the two become almost synonymous. That means they are almost the same thing. And in many cases, the average Joe cannot afford insurance, thus he also cannot afford treatment. Capisce?

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          • Hospitals cannot refuse you in an emergency situation. They have to stabilize you. There are also patient assistance programs. They are not almost the same thing. They are not the same thing at all.

            What is insurance? It is for something that HAS NOT YET HAPPENED. You can’t wreck your car then go buy insurance on it and expect the company to pay. That’s the problem. Politicians in Washington don’t understand what insurance is and what its purpose is.

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            • Hospitals also quite heavily rely on “dumping” patients..those without insurance brought to emergency are often “dumped’ or transferred to a state facility, usuially much further away from the patient’s hometown..and the state hospitals (those that still exist) are understaffed and extremely over-populated..so many many people do NOT actually have the access that is so loudly proclaimed. Of course it is against the law for hospitals to refuse treatment. They could do as our local one has done and refuse treatment UNLESS you immediately pay a $5000.00 deposit for treatment. The vast majority can not afford a 5k deposit so leave without treatment at all.

              Liked by 1 person

  2. Having been chained to a sewing machine most of the weekend, albeit now a lovely new model, I was out of touch with much of the news. However this debacle did catch my attention and I thought, this will send Jill into a tirade for sure…understandably so! It certainly exemplifies why the Merriam-Webster Word of the Year 2018 is “justice”. Given the year’s events, apparently many people found the need to ascertain how justice is defined, even if the only place it can be found is in the dictionary. Interestingly, their word of the year is determined by the online dictionary lookup data for the top lookup throughout the year and one that also shows significant increase lookup year over year. Not surprisingly, considering the decline of justice, 2018 had a 74% increase over 2017. Justice, this year is Toxic! Thank-you!

    Liked by 1 person

    • You know me well! Thanks for that tidbit about the ‘word of the year’. People are seeking ‘justice’ in Merriam-Webster, for we surely cannot find it in our government! Sigh. I wonder if “impeachment” could be next year’s word?

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  3. I read stories like this, Jill, and I am reminded how fortunate I am to be a Canadian. We may not have the very best health care system in the world, but it is one of the best – and no one dies because they are too poor to go see a doctor. Yes, we pay higher taxes for this health care, but it is well worth it. Oh, by the way, Bernie Sanders likes our system too… just sayin.

    Liked by 1 person

    • Your system is far better than ours. ACA was the first step toward a National Health Service, but now it is being chipped away at and if the republicans had their way, would already be long gone. Yes, I’m sure Bernie likes your system! Bernie has some great ideas, but one of his problems was that he wanted to do too much, too quickly. Rather like going from 0 to 100 in 3 seconds sharp. If we are ever to have a national healthcare system it will have to be accomplished in baby steps. Perhaps one small step every 20 years or so?

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  4. Dear Jill,

    It appears that the GOP lawmakers have a death wish as they continue to fight Obamacare when they all know that this was one of the TOP reasons so many republican candidates lost elections in Nov. 2018.

    It has to be that some donors like the Koch Brothers who despise any government program like the ACA, are pushing them to fight the this, no matter how unpopular their actions have become.

    What’s worse is that the ACA was a compromise to the right as it was basically replicated from Romney Care.

    Forget compromise. It’s time to for Medicare for All.

    These corporation executives are going too far.

    Hugs, Gronda

    Liked by 1 person

    • At this point, my friend, I admit to being happy enough to see these republicans shooting themselves in the foot. If they are so greedy that they cannot see the needs of We The People, then they will get what they deserve. Republicans and democrats alike get sick, need medical care, and will not look kindly on those who have robbed them of the right. Republicans say it is a ‘privilege, not a right’. I think most Americans would disagree with that, except the 1% who have never had to worry about whether they could afford to take their child to a doctor or not.

      Hugs!!!

      Liked by 1 person

  5. I see you heard this horrific news. If people like that judge could rule the poor were unconstitutional he probably would. That ruling on Native American children is downright Medieval. I thought rulings like that went out with the dawn of the 20th Century. When I was inquiring about openings for teachers in various places I sent an inquiry to Texas and was told to send a photo. I could guess why. 😦 — Suzanne

    Liked by 1 person

    • Yes, a lot of the ugly things that we thought were in our past, thought we had overcome, are coming back these days, like racism, Nazism, lack of religious tolerance … it seems we are taking a few steps back in our intellectual growth. Sigh.

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  6. Jill, I can feel your inner scream from half a world away.

    One has to start believing in conspiracy theories. The insane stuff going on in the states is not ‘for the people,’ or ‘by the people.’ So just who the hell is it for? (Smokescreen of big money doesn’t quite wash any more). DT and his unintelligent minions are puppets controlled by What? Something sinister, that’s for sure.

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    • My angst must have a long reach, for on a different post a few days ago, another of my UK friends said he could feel my blood boiling from across the pond!

      Our government has forgotten the concept that government exists because of and for the people of the country, not the other way around! And what is truly galling is when I hear a Trump supporter say “he’s one of us”. NO, he isn’t … he was born a millionaire, has never had to figure out how to buy food, get medical help or pay the rent, and he has no concept what it means to be poor, or even middle-class. But his followers are blind to that … it’s frustrating. And as to your question … I don’t know, but I would agree that there is more here than meets the eye.

      Liked by 1 person

  7. I found the silver lining…………….if the ACA stands as being unconstitutional then the very obvious choice would be medicare for all. isn’t it about time everyone had medical care regardless of money and/or insurance?

    Liked by 2 people

  8. Jill, thanks for posting this. I will be doing one after the first of the year. Quickly, this will be the bane of tone deaf Republicans who seem to not realize healthcare is important. Also, experts have noted this ruling will be overturned on appeal and then go to the Supreme Court. This judge had an earlier ACA is unconstitutional ruling which was overturned.

    In short, the ACA is stabilizing this year somewhat in spite of specific efforts to sabatoge it that have raised premiums. In essence, Trump, Rubio, McConnell et al have screwed Americans to win a political argument. As a retired benefits consultant, actuary and manager, we need to make a few steps to shore up the ACA and Republicabs need to get on board as that is what Americans have said they want. Ironically, the ACA is largely based on a Republican idea. Keith

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    • Thanks Keith! Yes, I was reading earlier that even a number of republican legislators were blindsided by Judge O’Connor’s ruling. Perhaps this will be a wake-up call to them that they cannot continue to ignore what their constituents need & want. I’ll be looking forward to your post after the first of the year. Yes, ACA was fashioned after Mitt Romney’s ‘Romneycare’ as it was later dubbed. I still believe, and will likely always believe, that if President Obama’s skin colour had been much lighter, he would have been able to sell the idea of ACA, as well as much of the rest of his platform, much more easily. Sigh.

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      • Jill, the reason the Republicans have a hard time coming up with a new idea is the ACA is patterned after Romneycare. One of my favorite stories of hypocrisy is how Senator Jim DeMint, a leader of the Tea Party strongly advocated on stage and in writing, Romneycare for the entire country while Romney was running for President in 2008. Once the ACA was passed and Romney lost in the 2008 primary to John McCain, DeMint said “both” Romneycare and the ACA were unconstitutional. That is picture perfect hypocrisy. Keith

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        • Hah … hypocrisy seems to be the new motto of the GOP … and their supporters. “Right to life” … but support the death penalty and strike down gun regulation that would save lives. Sanctity of marriage, but support a prez who has cheated on all of his wives. And the list goes on … and on … sigh.

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  9. That this decision was announced the day before the open enrollment deadline seems intentional. A huge number of people enroll on the last two days. To anyone listening—this decision does not affect you and your healthcare today! Please sign up!

    Liked by 1 person

  10. There will be such a reckoning in 2020 when whoever is Republican President is unseated. The Democrat President will be able to take his.her time with a huge Democratic majority to bring ACA back for the people with a fanfare and remove certain judges from the bench because they obviously don’t know the law. That’s the law of the land, not just the law of Trump.. Kavanaugh can go, business taxes can be increased as well as those for the highest income bracket. Certain immigration laws can be scrapped and the dreamers can be saved.It will be the law of the caring.
    Cwtch

    Liked by 2 people

  11. They never give up do they? For some reason they love hurting regular every day people…some of whom overwhelmingly support the idiot president. Please hurry Mueller!!!

    Liked by 1 person

    • Nope, they never give up, and thus far there hasn’t been much incentive for them to, since they’ve gotten by with almost all the dirty tricks they’ve tried. I do hope that after January 3rd, there will be much more oversight! I strongly suspect Mueller is waiting until at least the new Congress is seated in order to ensure his report doesn’t get buried.

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      • What’s even more striking to me is that I just saw a poll where he is at 43% approval. Really? How is that possible? Hard to believe. Yes, after Jan. 3rd the accountability will finally commence. At least theres that!!

        Liked by 1 person

        • Yes, his approval rating has been hovering in the 39% – 42% range for quite some time now, and every time I see it, I just scratch my head and say, “HOW??? WHY???” and then I kick something. The toes are healing nicely, thank you. 😉

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