TexasFoldEm

2018 MIDTERM ELECTION

Time: D H M S

 

via Nicholas Bagley of The Incidental Economist:

Maryland files suit to protect health reform from Texas.

... the Maryland attorney general today filed a separate lawsuit in a Maryland district court. Among other things, he’s seeking an injunction requiring the continued enforcement of the law. Depending on how quickly the Maryland case moves, it’s possible we could see dueling injunctions—one ordering the Trump administration to stop enforcing the law, the other ordering it to keep enforcing.

That’s an unholy mess just waiting to happen. Now, it may not come to that. My best guess is that the Texas lawsuit will fizzle: any injunction will likely be stayed pending appeal, either by the Fifth Circuit or the Supreme Court, and the case is going nowhere on the merits. The Maryland lawsuit will likely prove unnecessary.

I don't have much to add to this other than to note how much this case underscores just how much power and importance state attorneys general have.

Reed O'Conner, the hard-right wing judge presiding over the idiotic #TexasFoldEm lawsuit which could potentially wipe out the Affordable Care Act as soon as January 1st, has been radio silent for the past week since he heard oral arguments over the case from the dueling bands of state Attorneys General.

However, if Tim Jost's description of how that hearing went is anything to go by, it's looking pretty ominous:

To enter the Fort Worth Courtroom of Judge Reed O’Connor on September 5, 2018, was to leave the real world.  The Affordable Care Act was once again on trial.  At stake was access to health care for the 20 million Americans who have gained coverage through the ACA, affordable coverage for 133 million Americans with preexisting conditions, and preventive services coverage for 44 million Medicare beneficiaries.

 

Welp. This doesn't look good. As I noted earlier this afternoon, the insane #TexasFoldEm lawsuit held their oral arguments today, and as expected, the Republican-appointed judge in the case, Reed O'Connor, isn't exactly a fan of the ACA. Paul Demko lays out the bottom line in Politico:

U.S. District Court Judge Reed O'Connor, a George W. Bush appointee, vigorously questioned attorneys during the three-hour hearing but gave no indication when he would rule.

Lawyers for the Trump administration partially agreed with the red states' argument, concluding that the removal of Obamacare's individual mandate requires striking down the law's insurance provisions, including protections for people with preexisting medical conditions.

But the administration disagreed on the need for immediate action, arguing that any remedies should not be applied until next year.

I noted this back in June, and the numbers are virtually identical today:

In June 2018, President Trump’s administration announced – as part of a lawsuit known as Texas v. United States, brought by 20 Republican state attorneys general – it will no longer defend the ACA’s protections for people with pre-existing medical conditions.

Yes, this is the #TexasFoldEm case which has oral arguments happening even as I'm typing this.

U.S. Senator Tammy Baldwin (D-WI) recently introduced a new bill which, while it has zero chance of actually passing (or even being voted on) neatly tackles not one but two different types of Republican sabotage of the Affordable Care Act: The expansion of short-term plans being pushed hard by Donald Trump and the elimination of pre-existing condition protections being pushed hard by 20 GOP Attorneys General in the idiotic #TexasFoldEm case. Per Dylan Scott in Vox last week:

Senate Democrats are preparing a long-shot procedural maneuver to reverse new Trump administration regulations that they say would sabotage the Affordable Care Act by expanding “junk” insurance that isn’t obligated to cover preexisting conditions.

via Amy Lotven of Inside Health Politics...

Ethics Prof Says TX Judge's Attendance At Federalist Society Event Doesn't Cross Line
August 28, 2018 

The judge overseeing the high-profile case over the constitutionality of the Affordable Care Act, which could potentially land at the Supreme Court, is slated to attend a Federalist Society event featuring Supreme Court Justice Clarence Thomas -- and several members of the federal circuit court of appeals that would review the case before it landed at the high court. A key ethic professor suggests the Texas' judge's appearance at the event does not cross any lines.

Judge Reed O'Connor is also slated to monitor a panel entitled “Trump, Sessions and the States,” during the Texas Chapter meeting on Sept. 8, just days after the Sept. 5 arguments in the federal Texas court are scheduled.

Inside Health Policy asked ethics experts whether O'Connor's appearance pushed the envelope on judicial ethics, and those that responded generally suggested his appearance at the event is not an issue.

With the idiotic #TexasFoldEm lawsuit coming up for oral arguments in just two weeks and the midterms in just ten, Senate Republicans appear to be in a bit of a panic over how to deal with the massive negative fallout if they win their court case (technically it was brought by 20 GOP attorneys general, not the Senators themselves, but they've spent the past 8 years trying to accomplish the same goal).

As a quick reminder: The #TexasFoldEm case uses the World's Flimsiest Excuse to try and eliminate the Affordable Care Act's critical health insurance coverage protections for the 130 million Americans who have pre-existing conditions.

In response, Republican Senators Tillis, Alexander, Grassley, Ernst, Murkowski, Cassidy, Wicker, Graham, Heller and Barrasso have introduced a new bill which they claim would ensure pre-existing coverage protections. Unfortunately, it...doesn't.

 

via Elana Schor of Politico, a week or so ago:

Kavanaugh confirmation hearings set for Sept. 4

Supreme Court nominee Brett Kavanaugh's Senate confirmation hearings will start on Sept. 4 and last between three and four days, Judiciary Chairman Chuck Grassley (R-Iowa) announced on Friday.

That scheduling tees up the GOP to meet its goal of getting President Donald Trump's pick seated on the high court by the time its term begins in early October, barring unforeseen obstacles or a breakthrough by Democrats who are pushing to derail Kavanaugh's confirmation.

The Supreme Court battle so far has focused on documents related to Kavanaugh's five years in the George W. Bush White House. Democrats have excoriated the GOP for declining to seek records from the nominee's time as Bush's staff secretary and condemned the Republican decision to rely on a Bush-driven review process for the early round of vetting, while the majority party hails the vast scope of documents that are set for release.

I haven't really written much about the idiotic (but incredibly dangerous) #TexasFoldEm lawsuit in over a month, but it just jumped back into the news in a big way:

Oral arguments have been scheduled for Sept. 10 in a Texas lawsuit seeking to strike down Obamacare as unconstitutional.

The case was filed in February by 20 Republican state attorneys general. They’re seeking a preliminary injunction halting enforcement of the federal health care law.

The Trump administration has partly sided with the plaintiffs in seeking to strike down the Affordable Care Act’s insurance protections, including the prohibition on denying coverage to individuals with pre-existing medical conditions.

Rick Scott is the Republican Governor of Florida, coming up on the end of his 2nd term in office.

Rick Scott is also running to become the next U.S. Senator from Florida, against incumbent Democrat Bill Nelson.

Prior to being elected Governor of Florida, Rick Scott was the CEO of Columbia/HCA, aka Hospital Corporation of America.

Under Rick Scott's leadership, Columbia/HCA was behind the largest Medicare fraud in history at the time:

Scott started what was first Columbia in 1987, purchasing two El Paso, Texas, hospitals. Over the next decade he would add hundreds of hospitals, surgery centers and home health locations. In 1994, Scott’s Columbia purchased Tennessee-headquartered HCA and its 100 hospitals, and merged the companies.

Presented without comment:

AHIP Issues Statement Regarding TX v. United States of America

WASHINGTON, D.C. – America’s Health Insurance Plans (AHIP) issued the following statement regarding the latest developments in TX v. United States of America:

“Millions of Americans rely on the individual market for their coverage and care, and they deserve affordable choices that deliver the value they expect. Initial filings for 2019 plans have shown that, while rates are higher due to the zeroing out of the individual mandate penalty, the market is more steady for most consumers than in previous years, with insurance providers stepping in to serve more consumers in more states.

Last Thursday, in my initial alarm-sounding post about the federal #TexasFoldEm lawsuit against the ACA, I used this headline:

ACA about to be torpedoed by a lawsuit even more idiotic than King vs. Burwell???

Law Professor and ACA expert Nicholas Bagley blasted both the case itself and the Dept. of Justice's response in an epic post which also coined the #TexasFoldEm moniker for this travesty:

For those of you just coming to the case, this is from my earlier recap:

In their complaint, the states [including Texas and other red states] point out (rightly) that the Supreme Court upheld the ACA in NFIB v. Sebelius only because the individual mandate was a tax and (rightly) that Congress has now repealed the penalty for going without insurance. As the states see it, the freestanding requirement to get insurance, which is still on the books, is therefore unconstitutional. Because it’s unconstitutional, the courts must invalidate the entire ACA—lock, stock, and barrel.

Welp. The idiotic #TexasFoldEm lawsuit against the ACA...or more specifically, the Trump Administration's decision to lay down and even join the lawsuit against it--appears to be doing even more damage to the U.S. Justice Department than I had thought:

In addition to three nonpartisan Justice Department attorneys withdrawing from the case just minutes before the government's brief in the case was formally filed (presumably in protest of the decision by their boss), a highly-respected senior attorney with the Department has also resigned in protest:

A highly respected career lawyer at the Justice Department has decided to resign just days after the Trump administration backed a controversial lawsuit that would wreck part of the Affordable Care Act.

About 90% of my focus here at ACASignups.net is on the two biggest sections of the ACA: The Individual Market (3-legged stool, exchanges, subsidies, etc.) and Medicaid expansion. I tend not to write much about Medicare, "traditional" Medicaid or the Employer-Sponsored Insurance (ESI) market, which mainly consists of the Large Group Market (companies with 50 employees or more) and the Small Group Market (companies with fewer than 50 employees). As it happens, the ESI market covers nearly half the U.S. population (roughly 155 million Americans, give or take).

Under the ACA, individual market policies have to include the following "Blue Leg" provisions to be considered ACA-compliant:

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