Democrats will never get it. Every time they do not get their way they go to The Supreme Court for assistance with their unconstitutional actions.
It is an interesting tactic, as the Supreme Court is controlled, 5 – 4, by conservative Justices, two of whom have been appointed by President Donald Trump.
But, alas, no one has ever accused Democrats of being the brightest bulbs in the chandelier and they are begging for another miracle.
On December 18,2019 the 5th Circuit Court of Appeals ruled that Obamacare’s individual mandate was unconstitutional, thus rendering the entirety of the foundation on which the healthcare law is built, useless.
This could be the death knell for Obamacare and Democrats would need the Supreme Court to step in and save it, again.
“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,” Judge Jennifer Walker Elrod said.
That is very important because calling it a tax was the way in which conservative Supreme Court Chief Justice John Roberts saved Obamacare the first time it was challenged.
The judges in the majority opinion did not decide whether the mandate could be removed from the law and still have the law stand as is.
Elrod said the case “involves a challenging legal doctrine applied to an extensive, complex, and oft-amended statutory scheme.”
“All together, these observations highlight the need for a careful, granular approach to carrying out the inherently difficult task of severability analysis in the specific context of this case,” she said.
Now the House, along with attorney generals from Democrat run states, are begging the Supreme Court to take on the case.
“The uncertainty created by this litigation is especially problematic because individuals, businesses, and state and local governments make important decisions in reliance on the ACA,” the Democrat attorney generals said.
“Each year, for example, millions of Americans make life-changing decisions—like starting a family or changing jobs—in reliance on the ACA’s patient protections and the greater access to affordable healthcare coverage it provides,” they said.
But, as The Hill reported, here is where the bad news comes for Democrats. It is unlikely that the Court will take the case, which would allow the appeals court decision to stand.
“Many experts expect that it will not, given its tradition of letting lower court proceedings fully play out before taking a case,” it said.
If the lower court rulings stand, and the Supreme Court does not step in, it will likely mean the end of Obamacare.