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U.S. Department of Justice says Obamacare individual mandate unconstitutional

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June 10 ,2018
the staff of the Ridgewood blog

Washington DC, The U.S. Department of Justice said on Thursday that the part of Obamacare requiring individuals to have health insurance aka the individual mandate is unconstitutional. This should be interesting to New Jersey voters with the recent signing by Governor Phil Murphy of a rule requiring the enforcement of the individual mandates and thereby fining individuals without insurance .

In a brief filed in a federal court in Texas, the department said a tax law signed last year by President Donald Trump that eliminated penalties for not having health insurance rendered the so-called individual mandate under Obamacare unconstitutional.
The Justice Department said that also nullifies two other major provisions of Obamacare linked to the individual mandate, including one barring insurance companies from denying coverage to people with pre-existing conditions.

Attorney General Jeff Sessions, in a letter to House of Representatives Speaker Paul Ryan, said he had determined the individual mandate will be unconstitutional when the tax law becomes effective in 2019.

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Delaying Obamacare’s Individual Mandate Due to ‘Hardship’ — Caused by Obamacare

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Delaying Obamacare’s Individual Mandate Due to ‘Hardship’ — Caused by Obamacare

How many times do you have to delay something to realize it’s just a really bad idea?

Amy Payne
March 13, 2014 at 6:30 am

It’s getting difficult to take any part of Obamacare seriously.

The Obama administration has altered or delayed it so many times—who can be sure what the law is at this point?

The individual mandate stating that every American has to purchase government-approved health coverage or pay a fine is supposed to kick in on March 31. That’s the deadline to sign up for coverage, supposedly to avoid this year’s penalty.

But Obamacare is never “settled law,” as the president and others have called it, because Health and Human Services (HHS) keeps writing more regulations.

Most recently, the administration extended the “hardship exemption” from the individual mandate for those who had their previous policies canceled because of Obamacare until October 2016.

To qualify, your plan must have been canceled because it wasn’t compliant with Obamacare, and you just have to tell the government you “believe” that other insurance policies are unaffordable.

The exemption means people who meet these criteria are free from the individual mandate. But if they want to buy coverage, they are given the special option to buy a “catastrophic” health insurance plan, which is not eligible for subsidies and typically would be available only to those under age 30.

When the exemption was first announced in December, Heritage experts Alyene Senger and Robert Moffit said this “is not going to simplify anything. Rest assured it is going to create even greater confusion for health insurers trying to sell these products. Also, don’t expect the unhappy consumers who’ve just lost their previous coverage to understand clearly which plan they can pick and be legally qualified to pick it.”

Due to the utter confusion and the underperforming signups on HealthCare.gov, reporters asked HHS this week whether the agency would simply extend the deadline for people to buy coverage. An HHS official responded that, “In fact, we don’t actually have the statutory authority to extend the open enrollment period in 2014.”

This administration hasn’t let a detail like legal authority stop it from overstepping its boundsmultiple times. And as Heritage’s Senger and Moffit put it, “issuing more government rules to correct the consequences of their unworkable government rules is the only thing they seem to know how to do.”

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