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WINNING: Federal Appeals Court Strikes Down Obamacare Rule as Unconstitutional
Fox News reported that a federal appeals court upheld a lower court’s decision to declare one key part of Obamacare as unconstitutional.
This decision will more than likely set up another showdown with the Supreme Court during the presidential election in 2020.
On a 2-1 vote, the 5th Circuit U.S. Court of Appeals came to the conclusion that the original law’s principal funding mechanism — the individual mandate — was eliminated in a proper fashion by Congress, thus making the entire law unenforceable. This mandate would require most Americans to purchase health insurance or face a tax penalty.
Trending: Civil Rights Lawsuit Filed Against Anti-Trump Michigan Governor Over Coronavirus Shutdown Orders
The appeals panel kicked the issue back to the lower court to determine if other aspects of the Affordable Care Act must be scrapped.
The panel of three judges in the 5th U.S. Circuit Court of Appeals in New Orleans was in agreement with Texas-based U.S. District Judge Reed O’Connor’s conclusion that the insurance requirement became unconstitutional in 2017, when Congress eliminated a tax penalty on people who don’t have insurance.
“The individual mandate is unconstitutional because it can no longer be read as a tax, and there is no other constitutional provision that justifies this exercise of congressional power,” the ruling declared. “On the severability question, we remand to the district court to provide additional analysis of the provisions of the ACA as they currently exist.”
The appeals court argued that because the individual mandate was unconstitutional, the law’s funding mechanism was unenforceable in the current iteration of the Affordable Care Act.
Other parts of the law may stay in place, but the appeals court is now letting the lower court decide on the severability question. In other words, the lower court will determine if the entire law must be scrapped or if certain parts of the law will remain intact.
This represents a considerable blow to one of the legislative hallmarks of the presidency of Barack Obama.
There is still much work to be done on the healthcare front.
Ideally, Obamacare would be repealed, and lawmakers would find ways to get the government out of healthcare altogether.
However, this process will likely be very drawn out.
So, any victory like the one in the 5th Circuit U.S. Court of Appeals is very welcome.
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A leading doctor from Toronto says that residents will likely have to stay at home and only go outside “for the most essential of needs” for the next 12 weeks in light of the increasing number of Wuhan Virus cases that has put city on the ropes.
Dr. Eileen de Villa made this announcement on Wednesday, April 1, 2020 as she gave broad recommendations to help contain the spread of the Wuhan Virus.
De Villa is advising “in the strongest possible terms” that all Torontonians stay at home, with the exception of medical appointments, to go grocery shopping no more than once weekly or to walk their dogs or get exercise.
“This is not a favourable trajectory and as your medical officer of health I am deeply concerned,” de Villa continued. “I realize I depict a very stark picture here. A very stark picture but is one that is honest and true. Given this is our current situation it is my belief that we must absolutely implement stronger measures to avoid the type of results we are seeing in places like New York City.”
Toronto previously revoked permits for all major events and festivals until June 30.
At a news conference on April 1, 2020, Toronto Mayor John Tory declared that the number of Wuhan Virus cases in the city are going in “the wrong direction” and it is now “absolutely clear that this is going to be a very long battle.”
“I believe most people want this over as soon as possible and if given the choice they will do what it takes to end this situation at the earliest possible date which being candid likely does mean the 12 weeks referred to by Dr. de Villa,” he stated. “You want to go and visit and give a hug to your mother or grandmother as soon as you can, you want to go to a restaurant and sit on the patio and have a beer, you want to watch your kids once again able to play on a playground without restriction and you want to go to a Blue Jays game or hang out on the beach with friends but getting to those better days will depend on our collective response as a city. We have it in our control to make those better days come sooner.”
Canada shows why Americans should be proud of their civil liberties.
Not only does the U.S. have the right to bear arms, but it also protects certain rights such as free speech and assembly better than Canada does.
The type of lockdown Canada is pursuing only happens in the most leftist of states in America, but it is not the norm.
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