Publicado: Jue, Julio 11, 2019
Salud | Por Gertrudes Rodriquez

Democrats slam Sen. Thom Tillis over health care. Is that fair?

Democrats slam Sen. Thom Tillis over health care. Is that fair?

A federal appeals court panel grilled Democratic attorneys general on Tuesday about whether Obamacare violates the U.S. Constitution, as it weighs whether to uphold a Texas judge's ruling striking down the landmark health care reform law.

Democrat lawmakers held up pictures of Americans positively affected by Obamacare and said Republicans would be to blame if millions of Americans were to lose their health care.

A three-judge panel of the 5th US Circuit Court of Appeals in New Orleans, Louisiana, including two judges appointed by Republican presidents and one by a Democrat, will take up a ruling by a federal judge in Texas previous year that said the entire ACA was unconstitutional.

The losing side in the ACA case will likely appeal the ruling to the U.S. Supreme Court.

The Supreme Court in 2012 said the individual mandate - which orders Americans to obtain health coverage or face a financial penalty - is only permissible under Congress' power to tax.

But, of the approximately 100,000 Connecticut residents like Romano who purchase individual coverage through Access Health CT, about 75 percent have modest incomes and are eligible to receive federal help to purchase their insurance.

The Kaiser Family Foundation provides an excellent explainer on the implications of the case: "The trial court's decision has not yet been implemented".

Now, 20 Republican attorneys general around the country believe they have a case to have the law ruled unconstitutional.

"President Trump has spent the last two years plus, sabotaging our health care system", Baldwin said, sharing stories of people impacted by the ACA.

It would also widen the divide in the USA between states that have embraced the law and its extensive series of insurance protections and those that have been fighting it since President Barack Obama signed the legislation in 2010.

¿La "ola polar" se sentirá en Salta estos días? - Actualidad
Para el comienzo de la próxima semana se anuncian los aumentos de temperatura para dar un respiro a los santafesinos. En Comodoro, para mañana viernes la máxima podría alcanzar los 9 grados , con mínimas de hasta 2 grados bajo cero.

"It seems like the language used is pretty heavy when it comes to those provisions being interlocking or intertwining", he said.

But it's unclear how long state protections for health care consumers would survive if the ACA disappears.

"If you no longer have the tax, why isn't it unconstitutional?" asked Judge Jennifer Walker Elrod, who was appointed by President George W. Bush.

"There's a political solution here that you and various parties are asking us to roll up our sleeves and get involved in", Engelhardt said. Engelhardt questioned whether the judiciary should be "taxidermist for every legislative big-game accomplishment that Congress achieves". "Congress can fix this". The challenge revolves around the congressional decision to effectively eliminate the individual mandate penalty by reducing it to $0 as part of the 2017 tax cut bill. Caroline Mello Roberson, state director of the National Abortion and Reproductive Rights Action League in Nevada, said if the ACA is overturned, many people would suffer. They argue that the mandate remains constitutional and that the rest of the law, in any event, can stand without it.

Last week, the President said he would issue an executive order mandating a policy in which USA payments for drugs would be capped at the lowest price paid by either a manufacturer or a developed country. "That is the beginning and the end of the severability argument". But in March, the Justice Department reversed course. "The issue is complicated and would need to be sorted out", he said. "We have partnered with the health care industry to balance affordability with patient coverage".

With Justice Department officials sidestepping the role of defending an existing federal statute, a coalition of Democratic state attorneys general, led by Becerra, moved into that position.

"Then there are no legal consequences for going without health care coverage", Siegel said.

The three appellate judges - two appointed by Republican presidents and one by a Democrat - will consider the arguments on July 9. The plaintiff states had sought more time to answer the court's questions regarding the legal standing of the intervening states and the U.S. House of Representatives to appeal the ruling.

"There's nobody in the Senate not in favor of covering preexisting conditions, nobody", the Kentucky Republican said.

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