# The Repeal of Obamacare/ACA: Step-bystep, Inch-by-inch

**URL:** <https://boards.straightdope.com/t/the-repeal-of-obamacare-aca-step-bystep-inch-by-inch/776146>\
**Category:** The BBQ Pit\
**Created:** [January 2, 2017, 5:06pm UTC](https://boards.straightdope.com/t/the-repeal-of-obamacare-aca-step-bystep-inch-by-inch/776146 "2017-01-02T17:06:13Z")\
**Posts on this page:** 20\
**Page:** 81

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**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\
**Post date:** [March 26, 2019, 7:28pm UTC](https://boards.straightdope.com/t/the-repeal-of-obamacare-aca-step-bystep-inch-by-inch/776146/1601 "2019-03-26T19:28:45Z")

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The wiki on the Texas judge at the center of this:

> **[Reed O'Connor](https://en.wikipedia.org/wiki/Reed_O%27Connor)**
>
> Reed Charles O'Connor (born June 1, 1965) is a United States district judge of the United States District Court for the Northern District of Texas. He was nominated by President George W. Bush in 2007.
> Born in Houston, Texas to George John O'Connor and Eileen Star Boyle, O'Connor received a Bachelor of Science degree from the University of Houston in 1986 and a Juris Doctor from South Texas College of Law in 1989. He was in private practice in Texas from 1989 to 1994 and an assistant district ...

Includes:

…Legal experts who both support and oppose the Affordable Care Act harshly criticized O’Connor’s ruling, with the Washington Post noting that legal scholars considered O’Connor’s ruling “as a tortured effort to rewrite not just the law but congressional history.” Ted Frank, director of litigation at the conservative Competitive Enterprise Institute said the ruling was "embarrassingly bad."Nicholas Bagley said O’Connor’s ruling was “about as naked a piece of judicial activism as I have ever seen; I don’t even think it’s close.”

Jonathan H. Adler and Abbe R. Gluck, who were on opposing sides of the 2012 and 2015 Supreme Court challenges to the Affordable Care Act, wrote a joint opinion editorial in the New York Times where they described the ruling as “lawless”, “a mockery of the rule of law and basic principles of democracy” and “an exercise of raw judicial power.”…

Just sayin’, is all.

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**Author:** ![enipla](https://avatars.discourse-cdn.com/v4/letter/e/54ee81/32.png) [@enipla](https://boards.straightdope.com/u/enipla)\
**Post date:** [March 26, 2019, 7:33pm UTC](https://boards.straightdope.com/t/the-repeal-of-obamacare-aca-step-bystep-inch-by-inch/776146/1602 "2019-03-26T19:33:14Z")

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> [@elucidator](#):
>
> The wiki on the Texas judge at the center of this:  
> [Reed O'Connor - Wikipedia](https://en.wikipedia.org/wiki/Reed_O%27Connor)
> 
> Includes:
> 
> …Legal experts who both support and oppose the Affordable Care Act harshly criticized O’Connor’s ruling, with the Washington Post noting that legal scholars considered O’Connor’s ruling “as a tortured effort to rewrite not just the law but congressional history.” Ted Frank, director of litigation at the conservative Competitive Enterprise Institute said the ruling was "embarrassingly bad."Nicholas Bagley said O’Connor’s ruling was “about as naked a piece of judicial activism as I have ever seen; I don’t even think it’s close.”
> 
> Jonathan H. Adler and Abbe R. Gluck, who were on opposing sides of the 2012 and 2015 Supreme Court challenges to the Affordable Care Act, wrote a joint opinion editorial in the New York Times where they described the ruling as “lawless”, “a mockery of the rule of law and basic principles of democracy” and “an exercise of raw judicial power.”…
> 
> Just sayin’, is all.

No wonder Trump supports him.

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**Author:** ![wolfpup](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wolfpup/32/10618_2.png) [@wolfpup](https://boards.straightdope.com/u/wolfpup)\
**Post date:** [March 26, 2019, 7:37pm UTC](https://boards.straightdope.com/t/the-repeal-of-obamacare-aca-step-bystep-inch-by-inch/776146/1603 "2019-03-26T19:37:22Z")

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He’ll be on the Supreme Court at the next opportunity.

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**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\
**Post date:** [March 26, 2019, 7:40pm UTC](https://boards.straightdope.com/t/the-repeal-of-obamacare-aca-step-bystep-inch-by-inch/776146/1604 "2019-03-26T19:40:15Z")

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> [@wolfpup](#):
>
> hat the Court would otherwise be revealed as a bunch of partisan hacks.
> 
> It was! It’s absolutely terrific to have no health care laws. Health care must be managed by the Invisible Hand of the Free Market. Meaning, you pays your money and you gets your health care, nor not, as the case may be. If not, sucks to be you.

If you can’t afford healthcare, you are one of the undeserving poor.

We know you’re one of the undeserving poor, because you can’t afford healthcare.

Q.E.D.

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**Author:** ![jasg](https://avatars.discourse-cdn.com/v4/letter/j/f0a364/32.png) [@jasg](https://boards.straightdope.com/u/jasg)\
**Post date:** [March 26, 2019, 8:54pm UTC](https://boards.straightdope.com/t/the-repeal-of-obamacare-aca-step-bystep-inch-by-inch/776146/1605 "2019-03-26T20:54:41Z")

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> [@wguy123](#):
>
> New tweet from Supreme Dipshit:
> 
> **The Republican Party will become “The Party of Healthcare!”**
> 
> I’m sure there are “big plans” behind this bold declaration. :rolleyes::rolleyes:

Rumours of a two-pronged approach :  
[ul]  
[li]Faith based healthcare leveraging the power of ‘thoughts and prayers’[/li][li]Tax reductions on donations to Healthcare GoFundMe accounts[/li][/ul]

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**Author:** ![Ludovic](https://avatars.discourse-cdn.com/v4/letter/l/7ab992/32.png) [@Ludovic](https://boards.straightdope.com/u/Ludovic)\
**Post date:** [March 26, 2019, 8:59pm UTC](https://boards.straightdope.com/t/the-repeal-of-obamacare-aca-step-bystep-inch-by-inch/776146/1606 "2019-03-26T20:59:19Z")

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> [@wolfpup](#):
>
> It was! It’s absolutely terrific to have no health care laws. Health care must be managed by the Invisible Hand of the Free Market. Meaning, you pays your money and you gets your health care, nor not, as the case may be. If not, sucks to be you.

I thought you were going to say “meaning, the amount you will have to pay for service is invisible before purchase.”

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**Author:** ![vivalostwages](https://avatars.discourse-cdn.com/v4/letter/v/d07c76/32.png) [@vivalostwages](https://boards.straightdope.com/u/vivalostwages)\
**Post date:** [March 28, 2019, 8:51pm UTC](https://boards.straightdope.com/t/the-repeal-of-obamacare-aca-step-bystep-inch-by-inch/776146/1607 "2019-03-28T20:51:38Z")

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> [@jasg](#):
>
> Rumours of a two-pronged approach :  
> [ul]  
> [li]Faith based healthcare leveraging the power of ‘thoughts and prayers’[/li][li]Tax reductions on donations to Healthcare GoFundMe accounts[/li][/ul]

Ah ha. I’ve been wondering what Trumpcare would entail. Thank you for clearing up the mystery.

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**Author:** ![jasg](https://avatars.discourse-cdn.com/v4/letter/j/f0a364/32.png) [@jasg](https://boards.straightdope.com/u/jasg)\
**Post date:** [March 28, 2019, 11:23pm UTC](https://boards.straightdope.com/t/the-repeal-of-obamacare-aca-step-bystep-inch-by-inch/776146/1608 "2019-03-28T23:23:13Z")

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Here is a [fascinating take](https://thinkprogress.org/trump-obamacare-medicare-fraud-4910319d89ed/) on the effects of an unconstitutional ACA.

A billion dollar Medicare fraud case might have to be abandoned, even though many of the defendants have already pleaded guilty or been convicted. The main defendent, a South Florida healthcare executive is calling for his case to be dropped because the Medicare fraud statutes he is charged with are now unconstitutional because they were amended by the ACA.

Even though he, his co-conspirators and anyone else convicted of Medicare fraud might well have been convicted under the pre-ACA unamended statutes, they may all get off. Double jeopardy would protect them.

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**Author:** ![GIGObuster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gigobuster/32/421_2.png) [@GIGObuster](https://boards.straightdope.com/u/GIGObuster)\
**Post date:** [March 29, 2019, 1:54am UTC](https://boards.straightdope.com/t/the-repeal-of-obamacare-aca-step-bystep-inch-by-inch/776146/1609 "2019-03-29T01:54:15Z")

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> [@jasg](#):
>
> Here is a [fascinating take](https://thinkprogress.org/trump-obamacare-medicare-fraud-4910319d89ed/) on the effects of an unconstitutional ACA.
> 
> A billion dollar Medicare fraud case might have to be abandoned, even though many of the defendants have already pleaded guilty or been convicted. The main defendent, a South Florida healthcare executive is calling for his case to be dropped because the Medicare fraud statutes he is charged with are now unconstitutional because they were amended by the ACA.
> 
> Even though he, his co-conspirators and anyone else convicted of Medicare fraud might well have been convicted under the pre-ACA unamended statutes, they may all get off. Double jeopardy would protect them.

This, and many other abuses of power from rich corporations and individuals, always remind me to think less about the useful idiots that complain about “moral hazards” coming from the less well to do, while they constantly ignore that what the worst wealthy offenders are doing.

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**Author:** ![ThelmaLou](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thelmalou/32/390_2.png) [@ThelmaLou](https://boards.straightdope.com/u/ThelmaLou)\
**Post date:** [May 2, 2019, 3:25am UTC](https://boards.straightdope.com/t/the-repeal-of-obamacare-aca-step-bystep-inch-by-inch/776146/1610 "2019-05-02T03:25:56Z")

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WTF??

\*\*Trump Administration Files Formal Request to Strike Down All of Obamacare \*\*

> **[Trump Administration Files Formal Request to Strike Down All of Obamacare...](https://www.nytimes.com/2019/05/01/health/unconstitutional-trump-aca.html)**
>
> The court filing, which goes beyond an earlier administration position, is expected to be an issue in the presidential campaign.

> [@](#):
>
> The Trump administration formally declared its opposition to the entire Affordable Care Act on Wednesday, arguing in a federal appeals court filing that the signature Obama-era legislation was unconstitutional and should be struck down.
> 
> …
> 
> In filing the brief, the administration abandonedan earlier position— that some portions of the law, including the provision allowing states to expand their Medicaid programs, should stand. The switch,which the administration disclosed in late March, has confounded many people in Washington, even within the Republican Party, who came to realize that health insurance and a commitment to protecting the A.C.A. were among the main issues that propelled Democrats to a majority in the House of Representatives last fall.  
> …

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**Author:** ![wguy123](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wguy123/32/3161_2.png) [@wguy123](https://boards.straightdope.com/u/wguy123)\
**Post date:** [May 2, 2019, 1:51pm UTC](https://boards.straightdope.com/t/the-repeal-of-obamacare-aca-step-bystep-inch-by-inch/776146/1611 "2019-05-02T13:51:27Z")

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> [@ThelmaLou](#):
>
> WTF??
> 
> \*\*Trump Administration Files Formal Request to Strike Down All of Obamacare \*\*  
> [https://nyti.ms/2Lh493m](https://nyti.ms/2Lh493m)

They aren’t called “the party of healthcare” for nothing!

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**Author:** ![OttoDaFe](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ottodafe/32/356_2.png) [@OttoDaFe](https://boards.straightdope.com/u/OttoDaFe)\
**Post date:** [May 2, 2019, 9:11pm UTC](https://boards.straightdope.com/t/the-repeal-of-obamacare-aca-step-bystep-inch-by-inch/776146/1612 "2019-05-02T21:11:00Z")

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Shouldn’t that be “the party of healthcare for no one”?

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**Author:** ![JohnT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnt/32/15048_2.png) [@JohnT](https://boards.straightdope.com/u/JohnT)\
**Post date:** [May 2, 2019, 9:19pm UTC](https://boards.straightdope.com/t/the-repeal-of-obamacare-aca-step-bystep-inch-by-inch/776146/1613 "2019-05-02T21:19:50Z")

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I am quite positive that the last thing the GOP wants is Health Care as a 2020 talking point.

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**Author:** ![Skypist](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skypist/32/169_2.png) [@Skypist](https://boards.straightdope.com/u/Skypist)\
**Post date:** [July 10, 2019, 5:34am UTC](https://boards.straightdope.com/t/the-repeal-of-obamacare-aca-step-bystep-inch-by-inch/776146/1614 "2019-07-10T05:34:34Z")

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What is going to happen? My only hope is that this will hurt pubs in 2020 if this ruling does strike down the whole ACA, but they’ll probably manage to make out like dems took away preexisting condition protection and health care for millions.

The case will probably take years to shake out and this administration, such as it is, won’t get the deserved blame. Most Americans probably aren’t even paying attention.

> [@](#):
>
> Two of the three judges on the appellate panel in New Orleans – Jennifer Elrod, a George W. Bush appointee, and Kurt Engelhardt, a President Donald Trump appointee – gave the appearance that they might side with a lower court judge who ruled last year that the whole law should be struck down.

[https://www-m.cnn.com/2019/07/09/politics/obamacare-appeal-arguments-texas-california/index.html?r=https%3A%2F%2Fwww.cnn.com%2Fpolitics](https://www-m.cnn.com/2019/07/09/politics/obamacare-appeal-arguments-texas-california/index.html?r=https%3A%2F%2Fwww.cnn.com%2Fpolitics)

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**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\
**Post date:** [July 10, 2019, 7:10am UTC](https://boards.straightdope.com/t/the-repeal-of-obamacare-aca-step-bystep-inch-by-inch/776146/1615 "2019-07-10T07:10:15Z")

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> [@OttoDaFe](#):
>
> Shouldn’t that be “the party of healthcare for no one”?

Whacyutalkinbout, Willis? It’s “the party of the healthercare for Individual-1”. He gets taken care of at no cost to him at Walter Reed National Military Medical Center (aka Bethesda Naval Hospital).

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**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\
**Post date:** [July 10, 2019, 11:43am UTC](https://boards.straightdope.com/t/the-repeal-of-obamacare-aca-step-bystep-inch-by-inch/776146/1616 "2019-07-10T11:43:56Z")

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It’s the party of “repeal and replace”. Except for the replace part.

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**Author:** ![wguy123](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wguy123/32/3161_2.png) [@wguy123](https://boards.straightdope.com/u/wguy123)\
**Post date:** [July 10, 2019, 1:59pm UTC](https://boards.straightdope.com/t/the-repeal-of-obamacare-aca-step-bystep-inch-by-inch/776146/1617 "2019-07-10T13:59:15Z")

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> [@ElvisL1ves](#):
>
> It’s the party of “repeal and replace”. Except for the replace part.

Even the repeal part hasn’t really gone as swimmingly as they promised. They are getting closer though. Evil assholes.

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**Author:** ![Happy\_Lendervedder](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/happy_lendervedder/32/8488_2.png) [@Happy\_Lendervedder](https://boards.straightdope.com/u/Happy_Lendervedder)\
**Post date:** [July 10, 2019, 2:06pm UTC](https://boards.straightdope.com/t/the-repeal-of-obamacare-aca-step-bystep-inch-by-inch/776146/1618 "2019-07-10T14:06:47Z")

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I guess I still don’t understand why the law that was passed making the tax $0 isn’t the one being looked at as unconstitutional. If the SCOTUS ruled that the ACA was Constitutional, then Congress passed a law making it unconstitutional, shouldn’t it be _that_ law that’s thrown out if Constitutionality is in question?

Like if Congress passed a law requiring anyone who uses the ACA’s insurance subsidies to now attend a Christian church. The question wouldn’t be the Constitutionality of the ACA, but rather the law that altered the ACA.

Obviously I’m not a lawyer, just curious about this.

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**Author:** ![Skypist](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skypist/32/169_2.png) [@Skypist](https://boards.straightdope.com/u/Skypist)\
**Post date:** [July 10, 2019, 2:48pm UTC](https://boards.straightdope.com/t/the-repeal-of-obamacare-aca-step-bystep-inch-by-inch/776146/1619 "2019-07-10T14:48:46Z")

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I don’t understand why there isn’t more recourse for residents of stupid states like Texas that refused the expansion. I know it was a Supreme Court ruling that allowed this and there is no higher court. IANAL obviously. But I wish there was standing for residents like me and some other angle to go at it that the SC hasn’t ruled on. Like I said, not a lawyer but very disappointed that issue and this new potential ruling to strike it all aren’t getting more coverage…or should I say more covfefe?

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**Author:** ![Slash1972](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slash1972/32/6461_2.png) [@Slash1972](https://boards.straightdope.com/u/Slash1972)\
**Post date:** [July 10, 2019, 3:00pm UTC](https://boards.straightdope.com/t/the-repeal-of-obamacare-aca-step-bystep-inch-by-inch/776146/1620 "2019-07-10T15:00:42Z")

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> [@Skypist](#):
>
> I don’t understand why there isn’t more recourse for residents of stupid states like Texas that refused the expansion. I know it was a Supreme Court ruling that allowed this and there is no higher court. IANAL obviously. But I wish there was standing for residents like me and some other angle to go at it that the SC hasn’t ruled on. Like I said, not a lawyer but very disappointed that issue and this new potential ruling to strike it all aren’t getting more coverage…or should I say more covfefe?

There must be SOME way that residents of Texas could get new people into the state government.

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