Ross: This law was constitutional until Congress stepped in
Mar 28, 2019, 11:59 AM
(AP Photo/Andrew Harnik)
(AP Photo/Andrew Harnik)
It was last December that a federal judge in Texas ruled Obamacare was unconstitutional. And then this week, President Trump shocked some of his own people by announcing the justice department would not fight the case in the hope that the Supreme Court might do what Congress could not — repeal the whole thing once and for all.
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But wait a minute, you say, didn’t the Supreme Court famously rule that Obamacare was constitutional? Yes. Twice!
Since then, however, Congress has changed the law by removing the penalty for not buying insurance. And the Texas lawsuit argues that change made the whole law unconstitutional.
It’s like if you buy a new car, shoot out the tires, and then sue the dealer for a refund because the car won’t move.
Bottom line – Obamacare could disappear on a Supreme Court vote.
The president says a much better health care system is on the way. Which means we’re going to have debate this all over again. But I think it comes down to two questions.
- Is there any circumstance in which a sick person who needs medical treatment should be told no?
- Who pays when the patient can’t?
In any case, I know we’re all looking forward to the new plan. I just hope it isn’t stuck in the same vault with the tax returns.
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Tune in to KIRO Newsradio weekdays at 5am for Dave Ross on Seattle's Morning News.
