Thursday, January 10, 2019

A Judge in Texas Takes Down ObamaCare

Recently, a judge in the state of Texas issued a decision that
essentially strikes down former President Obama's Affordable
Healthcare Act, a/k/a ObamaCare. Yes, the horror that Obama
and the Democrats unleashed upon us is still around, although
it has been defanged with congressional Republicans' having
eliminated its individual mandate, which made it the law for
all Americans to purchase health insurance.

U.S. District Judge Reed O'Connor ruled that Obama's health
coverage program, since the U.S. Supreme Court ruled the
mandate to be unconstitutional in NFIB v. Sebelius in 2012,
and also held that the mandate is not severable from Obama-
Care, should therefore be struck down as law. Three key
questions regarding the Severability Doctrine helped show
that the law deserved to be struck down: One, would severing
the unconstitutional provision result in this law render it
greatly different than from what Congress intended? Two,
Is it evident that Congress would have enacted those provisions
which are within its power independently of those which
are not? Three, would the law remain fully operational
without the invalid provisions? The respective answers to
these questions are yes, no and no, all pointing to
unseverability. This was the basis for Judge O'Connor's
ruling. Severability, in legal lingo, means a provision in
a contract which states that if parts of a contract are held
to be illegal or otherwise unenforceable, then the rest of
the contract should still be valid and therefore still apply.
But in the case of ObamaCare, this does not hold true.

With the individual mandate being the glue which held
ObamaCare together, Judge O'Connor was constitutionally
bound to follow precedent and strike down Obamacare
altogether. May this terrible law face the same fate in the
other 49 states and the District of Columbia. This judge
looked socialism right in the eye, and made it blink.
Thank you, your Honor. We need more jurists with your
intellect and integrity.


MEM

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