Drudge Retort: The Other Side of the News
Saturday, June 09, 2018

The Trump administration on Thursday officially threw its support behind a new, seemingly far-fetched legal challenge to the Affordable Care Act, arguing that the law's protections for people with pre-existing conditions are unconstitutional. The lawsuit, now before a federal district judge in Texas, comes from officials in 20 conservative states. And its prospects for success look slim. The Supreme Court has already rejected two legal challenges to the law, the second on a 6-3 decision that came with a strongly worded ruling from Chief Justice John Roberts. State attorneys general will step in to defend the law from this new challenge. And they will not have difficulty making their case.

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The lawsuit's key argument is that Congress intended for the pre-existing condition protections to work in tandem with the law's individual mandate, the provision that people have insurance or pay a penalty. Now that Congress has decided to zero out the penalty, as Republicans did last year as part of the 2017 tax cut, the pre-existing conditions have to go, too.

That would mean insurers would no longer be subject to "guaranteed issue" (a requirement that they sell policies to anybody, regardless of medical status) or "community rating" (a prohibition on charging higher premiums to people with pre-existing conditions).

The problem, many scholars have noted, is that Congress has taken action since it passed the Affordable Care Act leaving pre-existing protection in place even as it reduced the individual mandate penalty to zero. Whether or not that was a smart policy move, it is clearly what Congress intended ― and Congress gets to make those kinds of decisions.

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Republican Death Panels.

#1 | Posted by oldwhiskeysour at 2018-06-08 09:04 AM | Reply | Newsworthy 3

Republicans don't care about other Americans. Never have, never will. The sooner we all realize that the sooner we'll fix our country. If you wait around for Republicans to do it you'll have a very long wait. Dollar signs are more important than fellow citizens. And Independents???? Wow. Don't stand for anything, yeah, brilliant plan. Even Bernie Sanders understands that you need a party, he was never really and Independent. He told all of us he was a Democratic Socialist, a party I could happily support if it ever actually organized, created a platform and started electing people from the lowest offices first building a constituency as it grows. But Independents???? REally??? Name an accomplishment made by Independents.

#2 | Posted by danni at 2018-06-08 09:26 AM | Reply

G.reed
O.ver
P.eople

#3 | Posted by 726 at 2018-06-08 10:17 AM | Reply | Newsworthy 1

Ted Lieu @tedlieu

Do you or a relative have cancer, diabetes, a heart condition or any kind of pre existing condition? @realDonaldTrump is trying very hard to take health insurance away from Americans who have pre existing conditions.

If this makes you scared or angry, help us flip the House.

#4 | Posted by Gal_Tuesday at 2018-06-08 10:22 AM | Reply | Newsworthy 1

I know a man who has a daughter with a birth defect in her heart. She is 6 now. He voted for Trump on moral grounds and said the GOP wouldn't take away Obama's preexisting conditions terms.

I lost all respect for him that day.

#5 | Posted by BruceBanner at 2018-06-08 11:06 AM | Reply | Newsworthy 4

-"The fact that Congress separately repealed the tax makes the argument here not just extravagant but preposterous," said Michael Dorf, a constitutional law expert at Cornell University.

good point. this wouldn't have been an argument to have really if they had left the penalty in the act.

#6 | Posted by eberly at 2018-06-08 11:13 AM | Reply


The pre-existing conditions aspect of Obamacare was one of its most popular features. I've seen favorability numbers well over 75%, with one survey showing over 90%.

The other popular provision was the one that allowed parents to keep their children on their plans until age 25.

#7 | Posted by LampLighter at 2018-06-08 11:25 AM | Reply

@#1 ...Republican Death Panels. ...

Like Flint, Michigan --- anything to prevent those Democrats from voting.

#8 | Posted by LampLighter at 2018-06-08 11:27 AM | Reply

Health insurance is legalized gambling. You bet that you will need coverage that surpasses your input and the insurer bets that you won't. If you have a pre-existing condition for which you know requires ongoing treatment then what you're looking for is subsidy, not insurance, by definition. I always thought that this fact would be what convinced us as a country to move towards Medicare Part E but apparently neither side of the issue agrees.

#9 | Posted by Hagbard_Celine at 2018-06-08 11:31 AM | Reply


@#9 ... Health insurance is legalized gambling. ...

All insurance is legalized gambling.

#10 | Posted by LampLighter at 2018-06-08 11:57 AM | Reply

People with pre-existing conditions should be put in a special pool just like bad risk drivers.

#11 | Posted by Sniper at 2018-06-08 04:07 PM | Reply

Sniper just asked for healthy people to subsidize insurance for people with pre-existing conditions.

LOL dude.

#12 | Posted by snoofy at 2018-06-08 04:11 PM | Reply

Before Obamacare the private insurance system threw millions of people out of insurance by calling their health ailments pre-existing conditions. Even babies. You could live your entire life without being able to obtain insurance at any price.

Now Trump wants to bring that back. It shows he doesn't care at all about the poor and working class people who voted for him, nor the older medically vulnerable people.

All he cares about is fat cats, celebrities and rich corporations.

#13 | Posted by rcade at 2018-06-09 01:39 PM | Reply | Newsworthy 9

Just connecting dots: Is the money going to come from the wealth stolen from labor since 1973 accrued by the 1% via taxation...which is where the coverage should come from. Or the $100 trillion in real estate owned by the middle class in their home value. Trump wants it to come out of the equity of our homes. Poor people and renters are royally screwed...but they'll have medicare along with nothing on their deathbed. The middle class will have to give up their homes and not bequeath them to their children.

All professions are a conspiracy against the laity.

--George Bernard Shaw

www.nytimes.com

#14 | Posted by madscientist at 2018-06-09 02:17 PM | Reply | Newsworthy 2

The funny thing is that so many middle and lower class people support and defend this action. I have seen it first hand when I worked for a company. I was on the health benefits committee and watched people repeatedly argue to cut benefits, increase out of pocket expenses and put more and more costs on the sicker members of the company.

People really are stupid.

#15 | Posted by truthhurts at 2018-06-09 02:44 PM | Reply | Newsworthy 1

"The funny thing is that so many middle and lower class people support and defend this action."

They do?

Who other than Sniper, who isn't smart enough to know what it means, supports this?

#16 | Posted by snoofy at 2018-06-09 02:46 PM | Reply

Trump voters

#17 | Posted by truthhurts at 2018-06-09 02:49 PM | Reply

"People really are stupid."

But then they watch Fox News to tell them they aren't. Nothing is worse than a fool who doesn't know he/she is stupid. Fox convinces them they are geniuses.

#18 | Posted by danni at 2018-06-09 02:56 PM | Reply

Sniper just asked for healthy people to subsidize insurance for people with pre-existing conditions.

LOL dude.

#12 | Posted by snoofy

Are you that stupid you don't know what the risk pool is for drivers?

#19 | Posted by Sniper at 2018-06-09 05:30 PM | Reply

"Are you that stupid you don't know what the risk pool is for drivers?"

No, Sniper.

You're so stupid you don't understand how that risk is subsidized.

#20 | Posted by snoofy at 2018-06-09 06:25 PM | Reply

The upside is a lot of Trump voters have pre-existing conditions.

#21 | Posted by getoffmedz at 2018-06-10 12:40 AM | Reply | Funny: 2

"All professions are a conspiracy against the laity.
--George Bernard Shaw"

Absolutely a great quotation. I've believed similarly for many years. Those same professions don't believe working folks should be allowed to have unions. Though, the AMA, American Bar Association and other professional organizations act as unions for them. Hey, anyone trying to take unionization away from the gestapo? No, not likely. We do not actually live in a free nation.

#22 | Posted by danni at 2018-06-10 07:51 AM | Reply | Newsworthy 1

You're so stupid you don't understand how that risk is subsidized.

#20 | Posted by snoofy

Tell me you super brain, how does it work under o'bummer care?

#23 | Posted by Sniper at 2018-06-10 09:45 AM | Reply

You're too stupid to understand car insurance, Sniper.

It won't be any different for other kinds of insurance.

#24 | Posted by snoofy at 2018-06-10 12:54 PM | Reply

People with pre-existing conditions should be put in a special pool just like bad risk drivers.

#11 | POSTED BY SNIPER

And if the Deplorables have their way it will be a pool filled with acid.

#25 | Posted by donnerboy at 2018-06-10 01:52 PM | Reply

People with pre-existing conditions should be put in a special pool and shot.

-The Republican platform.

#26 | Posted by ClownShack at 2018-06-10 02:11 PM | Reply

GOP healthcare plan = if you are not part of the 1% JUST DIE ALREADY!!!

#27 | Posted by aborted_monson at 2018-06-10 06:11 PM | Reply

You're too stupid to understand car insurance, Sniper.

It won't be any different for other kinds of insurance.

#24 | Posted by snoofy

Tell me how it works sno. Show us all how smart you may be.

#28 | Posted by Sniper at 2018-06-11 10:56 AM | Reply

And if the Deplorables have their way it will be a pool filled with acid.

#25 | Posted by donnerboy

Is that what we do for high risk drivers?

#29 | Posted by Sniper at 2018-06-11 10:57 AM | Reply

All he cares about is fat cats, celebrities and rich corporations. - #13 | Posted by rcade at 2018-06-09 01:39 PM
and the people without pre-existing conditions.

#30 | Posted by Avigdore at 2018-06-11 11:31 AM | Reply

sno, I still am waiting for the great brain to enlighten all of us stupid people.

#31 | Posted by Sniper at 2018-06-11 02:28 PM | Reply

All he cares about is fat cats, celebrities and rich corporations. - #13 | Posted by rcade at 2018-06-09 01:39 PM

and the people without pre-existing conditions.
#30 | POSTED BY AVIGDORE AT 2018-06-11

Citation necessary.

#32 | Posted by ClownShack at 2018-06-11 02:32 PM | Reply

"sno, I still am waiting for the great brain to enlighten all of us stupid people."

That's your life in a nutshell, Sniper.

#33 | Posted by snoofy at 2018-06-11 03:22 PM | Reply

Citation necessary. - #32 | Posted by ClownShack at 2018-06-11 02:32 PM
www.huffingtonpost.com

#34 | Posted by Avigdore at 2018-06-12 07:33 AM | Reply

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