Thursday, May 12, 2016

Federal judge strikes down Obamacare insurer bailouts

In mentioning Obama's Iranian lie that he's ending the final year of his presidency with and the way in which that deception was foist upon the people, the comparison to Obamacare's pitch in the first half of his tenure was unmistakable. And since that topic was brought up, it now appears that the disastrous government healthcare takeover has run into another flaw (I know, shocker). Besides all the unlawful rewrites and interpretations, including that of the Court's, there's the latest issue of unconstitutional funding, ironically called out by a federal judge...
RedState: Obamacare is unpopular for a whole host of reasons, most of which have to do with the individual mandate and the crush of regulations it places on businesses. One thing most people don’t really understand about Obamacare as it was passed, but which is probably the most fatal flaw in the law, is that it created a financially unsound system and prohibited insurers from reacting to the market adjustments by law.

The Obama administration has been busy trying to prevent the whole system from collapsing (and taking the private insurance market with it) by taking a series of blatantly unlawful unilateral actions to essentially rewrite the entire law – from erasing or rewriting deadlines, to offering unlawful credits to consumers who were on national exchanges (a program that was only saved by the political cowardice of John Roberts), and so forth.

The administration’s latest ploy has been to essentially bail out private insurers whose balance sheets have been decimated by participation in Obamacare with taxpayer dollars, in spite of the fact that the law contains no such provision. The administration’s “defense” to their action essentially was that the law said we can give tax credits to consumers so surely that means we can give them to insurers too, right? The first Federal judge to rule on the question disagrees:
A federal judge on Thursday ruled for House Republicans in their lawsuit against the Obama administration over ObamaCare.

In a major ruling, Judge Rosemary Collyer, an appointee of President George W. Bush, said the administration does not have the power to spend money on “cost sharing reduction” payments to insurers without an appropriation from Congress.
Given that the Supreme Court has already twice saved the law from a catastrophe of its own making, it’s hard to imagine that they won’t a third time, especially now that Justice Scalia has passed away. Granted, the stakes are at least theoretically lower in this case since there’s not even really an argument that the insurer bailouts are an essential part of the law, not even if you squint hard, but SCOTUS long ago decided to act as a rubber stamp for the administration’s unilateral actions in implementing Obamacare, and it’s hard to see this case being decided any differently.
'Cause more bailouts is what we need while advancing historic national debt. Peculiar how such a grand idea can't stand on its own. The insurers should have known better, but then, the titans among them colluded with the government to allow this takeover to occur in the first place.

Even more peculiar is that Congress can't own its own power and has to run to the courts with lawsuits! But that's how out of wack separation of powers are in this new progressive era.

It's also interesting to observe with this case how at every turn, liberty tries to shine through, even if it is one hand-slap at a time. I guess we'll see if some glimmer of it can cut through every fresh layer of tape this debacle allows for. However, the way capitalism and competition are talked in hushed tones these days, as well as the state of a Congress and Court subdued by an ever increasing Executive power, who to say.

Related links: Federal judge rules Obamacare is being funded unconstitutionally
Federal Judge rules AGAINST Obama admin on Obamacare

P.S. Just to remind viewers, this whole socialized medicine nightmare was gonna be another of Cruz's Day 1 takedowns, as opposed to Trump's incoherence on the topic...just sayin'.

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