Tuesday, November 10, 2020

Jonathan Turley — A Conspiracy Collapses In The Court: Justices Appear To Confirm A Majority In Favor Of Preserving The ACA

During the Barrett confirmation hearing, we discussed the narrative of the Democrats and the media that the Affordable Care Act was dangling in the balance on the Supreme Court. With huge pictures of beneficiaries of the ACA displayed around the room, some Democratic senators actually said that Barrett was part of a conspiracy to rush her to the Court to kill the ACA. As I repeatedly said, the narrative was entirely disconnected from any legal reality since at least two conservative justices — Chief Justice John Roberts and Brett Kavanaugh — were likely to vote for severability and thus preserve the Act. They previously voted on similar cases. Today’s oral argument again exposed the unfair and unfounded narrative against Justice Barrett with both Roberts and Kavanaugh expressly reaffirming their positions on the severability. Will any of these senators or analysts now acknowledge that the hype in the hyperbole from the hearing?

In the hearing, Kavanaugh stated “Looking at our severability precedents, it does seem fairly clear that the proper remedy would be to sever the mandate provision, and leave the rest of the act in place, the provisions dealing with pre-existing conditions and the rest.” Roberts added that the case for severability in the ACA case is obvious and compelling....
Said from the get-go there should not be a mandate. And the way to fix it in light of MMT is M4A. This is a pseudo-problem based on ignorance.

Jonathan Turley
A Conspiracy Collapses In The Court: Justices Appear To Confirm A Majority In Favor Of Preserving The ACA

 

5 comments:

Matt Franko said...

If all the providers got from any payer was the Medicare rate on a code they would all go out of business...,

How dumb is the MMT left to think it would be a good idea to turn over all US healthcare industry to a bunch of art degree morons who all think “were out of money!”...

This is another MMT brain fart just like the permanent ZIRP policy was....

Andrew Anderson said...

Arguably, a permanent ZIRP policy is good if produced ethically.

And the way to do that is twofold:

1) Negative interest on large and non-citizen accounts at the Central Bank. This is merely requiring that large and non-citizen users of a public utility PAY FOR IT.

2) An equal Citizen's Dividend to replace all fiat creation for private interests. This is merely equal protection under the law.

Matt Franko said...

Just give everybody a USD amount in a MSA on the first of the month to go buy healthcare from a qualified provider network....

lastgreek said...

It's crazy, Tom, that your country does not have M4A.

Peter Pan said...

It's by design that Tom's country doesn't have Medicare 4 All.