Monday, 12 November, 2018

ACA challenge Trump won't defend

The Trump administration is calling a key part of Obamacare that protects individuals with pre-existing conditions unconstitutional The Trump Administration Is Using a New Tactic to Dismantle Obamacare. What You Need to Know About It
Alonzo Parks | 11 June, 2018, 16:29

Late Thursday, the department said the health law's requirement that most Americans carry insurance will become unconstitutional next year and so will consumer protections forbidding insurers to deny coverage to sick customers or charge them more.

One Utah health advocacy group warned Friday that the move could have negative financial consequences for hundreds of thousands of Utahns with pre-existing health conditions. "We call upon the Administration to reverse this decision and defend the rights of our patients", Stewart said.

They further cast the administration's brief, which was filed in federal court Thursday, as an "attack" on both the rule of law and the stability of the United States' health care system.

While U.S. Attorney General Jeff Sessions argues that no reasonable arguments exist to defend Obamacare, California led a coalition of 15 states and D.C.to fight Texas's suit, saying the individual mandate has twice survived Supreme Court review and attempts by Congress to repeal the law, thus legitimizing it. Stripping away Obamacare would create a health crisis by putting at risk some $500 billion in health-care funding, according to a statement issued by California Attorney General Xavier Becerra. John McCain's dramatic "thumbs down" vote last July, the Trump administration has taken other steps that Obamacare advocates say weaken the law.

The Justice Department legal position nevertheless signals a remarkable willingness by the Trump administration to abandon landmark consumer protections in the health care law that for the first time prohibit health insurers from turning away sick consumers.

"If the Justice Department can just throw in the towel whenever a law is challenged in court, it can effectively pick and choose which laws should remain on the books", wrote Bagley.

This question of statutory interpretation does not involve the ACA's constitutionality and therefore does not implicate the Department's general practice of defending the constitutionality of federal law. They were successful in repealing the individual mandate that requires all Americans to have health insurance after it was included in the GOP's tax reform legislation that Trump signed into law in December. "That change eliminated the basis for the court's decision to uphold the ACA's constitutionality".

Reyes said Friday that "the individual mandate can not be severed" from the parts of the Affordable Care Act that prohibit insurers from increasing a person's premium rates or denying them coverage based on their health history.

In parting company with the challenging states on their demand that all of the ACA be nullified, the Administration document said it was hypothetical speculation whether the entire program would collapse without the individual mandate and the related insurance coverage requirements.

The Justice Department's decision not to defend parts of the Affordable Care Act is one of a number of shifts the department has taken to distance itself from the previous administration.

Meghan Markle And Prince Harry Make Their Royal Debut At Buckingham Palace
Meghan Markle has rebelled against the regal dress code, revealing her arms once more after claims she had been "duchessified". After arriving at the palace, the royals assembled on the Buckingham Palace balcony to watch a fly-by by the Royal Air Force.

"However, it's not surprising they've chosen not to, because of (their) consistent efforts.to undermine the ACA", Stanford told the Deseret News.

"The American public widely supports retaining protections for pre-existing conditions".

She cited a report from health care think tank Kaiser Family Foundation that estimates more than 52 million Americans have pre-existing health problems that would "likely leave them uninsurable" if it weren't for the Affordable Care Act's regulations. Estimates vary widely because there is not a standard definition of what counts as a pre-existing condition.

Also, 39 percent of registered voters in today's NBC/WSJ said they are enthusiastic or comfortable with a candidate seeking to repeal Obamacare, compared to 49 percent who said they have reservations or were very uncomfortable with a candidate seeking to repeal the health care law.

"Just read the brief of the states that intervened to defend the law".

"There's some hope that they will prevail", Stanford said.

Protections for individuals with pre-existing conditions are connected with the individual mandate, according to the Justice Department, meaning that they must also be struck down.

Donald B. Verrilli Jr., a solicitor general in the Obama administration, said there were obviously reasonable arguments that could be made in defense of the Affordable Care Act in the Texas case, pointing to those in a brief filed Thursday by California and 15 other states. "But to have one without the other doesn't make any sense".

The Texas case provides more uncertainty for state health insurers who already submitted their requested premium increases for 2019 for state review.

Legal specialists also point out that the Trump administration's failure to defend the federal health law could have long-lasting implications for the rule of law in the nation.

Recommended

Woman drove with 2 children in pet kennels, arrested A Tennessee woman was arrested over the weekend for transporting two children around in dog kennels inside her vehicle. The footage shows Cheeks open the cage for one of the children, seen wearing turquoise leggings and a blue T-shirt.

Trump's improvisation faces decades of North Korean preparation Trump's improvisation faces decades of North Korean preparation Earlier this morning, the tweeter-in-chief expressed his elation about being in Singapore and feeling "excitement in the air". Bush's lead nuclear negotiator with the North. "I think they are going to get on well".

Bethesda Just Announced ELDER SCROLLS VI and STARFIELD Bethesda Just Announced ELDER SCROLLS VI and STARFIELD Multiple nuclear missle sites will also feature inside the map, letting players "do whatever [you] want with them", Howard said. You'll be able to both fight alongside and against other players, all in the same open world wasteland.

Gareth Southgate faces up to 'difficult' England decisions Gareth Southgate faces up to 'difficult' England decisions For me, at the end of the season, he cared so much you could see he was trying too hard [at Manchester United ]. England dominated possession against a mostly unadventurous Costa Rica but created few clear chances.

Trump blasts Canada, calls for Russian Federation to be returned to G8 Trump blasts Canada, calls for Russian Federation  to be returned to G8 Velshi picked up on the "you're not more important to me because you're an ally" aspect of what Trump is doing on trade. We responded from the very beginning that such personal meetings were not just a possibility but were useful ...

'Record': Ronaldo will leave Madrid 'Record': Ronaldo will leave Madrid Ronaldo is still unhappy over the club's failure to deliver on the president Florentino Perez's reported promise of a mega contract in 2017.

Belmont Stakes 2018: Results, payouts, order of finish Belmont Stakes 2018: Results, payouts, order of finish The dark bay colt named after the football star was summarily discounted in the June 9 Belmont Stakes Presented by NYRA Bets (G1). The historic win makes Justify the 13th Triple Crown champion and the first to claim the title since American Pharoah in 2015.

Amazon Launches 4K Fire TV Cube With Alexa Amazon Launches 4K Fire TV Cube With Alexa Cube ships on June 21 for $119.99; today and tomorrow, however, Amazon Prime members can order it at a discounted $89.99 price. Simply ask it to play music, read the news, control your connected house or even tell a joke, and Alexa does as you ask.

Trade disputes cast chill over G7 leaders' summit in Canada Trade disputes cast chill over G7 leaders' summit in Canada Macron spelled out his intention to ban mobile phones in schools in his manifesto before his election as president in May, the Telegraph reported .

LeBron James compares Warriors to Patriots after Game 3 of NBA Finals LeBron James compares Warriors to Patriots after Game 3 of NBA Finals Curry has set a plethora of three-point records, both from a cumulative perspective and from an individual game perspective. As the first quarter began to heat up, Bron found himself guarded by Golden State's JaVale McGee at the top of the key.

Golden Knights’ inaugural season more than Cup for some fans Golden Knights’ inaugural season more than Cup for some fans We can finally say: "Best fans in the world, best hockey team in the world". "I didn't know it was going to be the clincher". We just have to manage it. "Stuff we've done this year has never been done, so I think that's what we're thinking about".

Tesla SUV, on Autopilot, Accelerated Before Fatal Mountain View Crash Tesla SUV, on Autopilot, Accelerated Before Fatal Mountain View Crash The Autopilot's cruise control system, which is created to match the speed of a slower vehicle ahead of it, was set at 120 km/h. Tesla's owner's manual warns drivers that the system may not detect stationary objects when traveling at higher speeds.

Connections of Triple Crown Contender Justify Pledge to Support New Vocations Connections of Triple Crown Contender Justify Pledge to Support New Vocations For what it is worth, the National Weather Service is forecasting a 50 percent chance of showers Saturday for Belmont Park. His extraordinary performances in the Derby and Preakness are anomalies in an otherwise inconsistent ten race career.

Trent Alexander-Arnold will make his England debut against Costa Rica Trent Alexander-Arnold will make his England debut against Costa Rica Southgate made changes after the interval, introducing Danny Welbeck, Jesse Lingard, Nick Pope, Dele Alli and Gary Cahill. England outpossessed Nigeria 59-41, with each team having 12 shots, four on target.

Organic matter found on Mars, opening new chapter in search for life Organic matter found on Mars, opening new chapter in search for life The rover spotted the chemical signature in samples take from sedimentary rocks the formed some 3 billion years ago. Before, researchers couldn't understand why the little bit of methane detected in the Martian atmosphere varied.