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ObamaCare Still Has Plenty Of Legal Challenges In The Works

Home - by - November 14, 2012 - 10:00 America/New_York - 5 Comments

Stop the ACLU

Many people got on John Boehner’s case for saying that Obamacare is now “the law of the land.” Unfortunately, he’s right. With the loss of the race for the White House, and no control of the Senate, there is no way for the GOP to repeal it, or even water it down and/or limit its damage. At least at this time. If, say, the GOP manages to win the Senate and White House in 2016, it will be darned hard to repeal and replace a law that involves 1/6th of the U.S. economy. That said, there are still plenty of legal challenges to the law

(Politico) The Supreme Court gave its definitive ruling upholding theAffordable Care Act in June.

Actually, no. The ruling kicked the can down the road to hear legal challenges on the Mandate till 2014, when people will be actually affected by the tax.

But that hasn’t stopped three other legal challenges to core provisions of Obamacare — including the mandates and subsidies — that could unravel big parts of the law if they succeed.

One case challenges whether people can get subsidies for health insurance in states that don’t run their own insurance exchanges. Another puts forth a new legal argument against the constitutionality of the individual and employer mandates. And the third argues that the law isn’t valid because it originated in the Senate, and the Constitution says tax legislation needs to start in the House.

There’s also a barrage of lawsuits against the administration’s contraception coverage requirement, which wouldn’t derail the overall legislation but would keep the public focused on a controversial aspect of the law.

Of course, the ultimate challenge will be when the law truly starts affecting and harming people. When companies start dropping their insurance plans. When costs go up due to the massive bureaucracy necessary to run this polished turd of a law. When doctors refuse to accept the insurance offered through the exchanges, along with dropping Medicare and Medicaid coverage en masse. When the Central Government restricts procedures, medicines, and cause rationing.




  1. Callmelennie

    November 14th, 2012

    In other words, there are still a few more opportunities to discover the unimaginable depth to which our legal and political system has sunk

    Thumb up +4

  2. CrustyB

    November 14th, 2012

    The only hope is that when the USA hits rock bottom and is reduced to economic rubble, even Democrats will wake up and realize we have to repeal ObamaCare before America goes the way of the Soviet Union. Think Prohibition.

    Thumb up +2

  3. Graceia

    November 14th, 2012

    I don’t believe that it is “too hard” or “almost impossible” to undo something that affects 1/6th of the economy.

    We are a magnificent nation. With the right leadership we can do anything.

    Thumb up +2

  4. Stranded in Sonoma

    November 14th, 2012

    I have always said that ObamaTax is unconstitutional, even as a tax.

    Personally, I think Chief Justice Roberts found the mandate constitutional as a tax so the entire law could be found unconstitutional later.

    Thumb up +1

  5. i, the deathpanel

    November 14th, 2012

    soooo, all those people in “limbo” between a highly OVER-regulated health care system and the controversially unconstitutional Oshit4brainscare… they’re all gonna die????

    almost like they had that planned

    Thumb up +2