Hoyer Statement on Texas v. U.S. Oral Arguments

10 July, 2019, 12:26 | Author: Sherman Richardson
  • U.S. Senator Bob Casey argues against a federal court appeal which would effectively strip millions of Americans of quality affordable healthcare

Federal appeals court judges expressed skepticism Tuesday that the almost decade-old law that refashioned the nation's health-care system should remain intact after Congress eliminated a tax penalty for Americans who fail to carry health insurance.

ACA supporters argue, however, that federal lawmakers kept all other provisions of the ACA after the tax penalty was pulled - and that O'Connor's decision "conflicts with the plain intent of Congress and would create chaos and harm tens of millions of Americans".

An appellate ruling declaring Obamacare unconstitutional could prompt an appeal to the US Supreme Court, opening the door for the top court to take up the issue in the middle of the 2020 US presidential election.

But after Trump signed a tax bill that reduced the penalty to zero, a coalition of GOP-led states sued, alleging the penalty's elimination rendered Obamacare unconstitutional. They also said that Congress did not eliminate the penalty but simply lowered the amount to zero - an assertion challenged by the panel's Republican appointees.

Texas Solicitor General Kyle Hawkins warned the judges that "congressional intent is not monolithic, and it's a very hard and unsafe game" to try to second-guess what Congress really meant.

"The Affordable Care Act's individual mandate was a bad policy experiment that fell short of its goals", Duffy said in a statement to NewsChannel 7 on Tuesday.

The case is Texas v. U.S., 19-10011, U.S. Court of Appeals for the Fifth Circuit (New Orleans). The third and only Democratic appointee on the panel, Judge Carolyn Dineen King, a former chief judge of the court who was appointed by President Jimmy Carter, was silent during the 90-minute-plus hearing. The Supreme Court has twice upheld its constitutionality, in 2012 and 2015.

US District Judge Reed O'Connor in Fort Worth, Texas, agreed in December 2018, saying the individual mandate was unconstitutional because it no longer triggered a tax. California argues that all of the law is separate from the mandate, and Texas argues that none of it is, as the result of what Solicitor General Kyle Hawkins characterized as "an inseverability clause".

Mystery Nokia phone leaks out with 48MP triple-camera array and notch
Nokia 9 PureView is an Android One phone with two years of monthly software patches and three years of security updates promised. The device also offers images in uncompressed RAW "DNG" format and edit them directly on the phone with Adobe Lightroom.

Trump blasts 'foolish' PM May and her 'wacky' envoy over leaked memos
Treasury Secretary Steven Mnuchin to honor the emir of Qatar , according to CBS White House correspondent Mark Knoller. He said: "I have got a good relationship with the White House and I have no embarrassment in saying that".

Bangladesh given security clearance to tour Sri Lanka
The only members of the World Cup backroom in Sri Lanka will be fielding coach Ryan Cook and analyst Shrinivas Chandrasekaran. Rhodes, who took over in June 2018, was on a two-year contract that was originally set to run until next year's World T20.

The case's outsize significance was evident from the television crews outside the marbled courthouse in downtown New Orleans and the lines standing in the heat, hoping for a seat in the courtroom, as well as from the broadsides issued from Washington in the hours before the hearing. On the other side, conservative groups proclaimed that an end to the ACA would usher in a new era of more-affordable insurance and greater choice of health plans.

The Republican governors and attorneys general argue that, since the Supreme Court upheld the health care law as a valid exercise of Congress' taxing authority, taking the tax away makes all of the law unconstitutional.

Obamacare, the signature domestic achievement of Trump's Democratic predecessor, Barack Obama, has been a political flashpoint since its passage. Engelhardt questioned whether the judiciary should be "taxidermist for every legislative big-game accomplishment that Congress achieves".

On Tuesday, Schumer and House Speaker Nancy Pelosi held up signs with the faces of Americans who they say would be hurt if Republicans succeed in their efforts to overturn the ACA. Either court could decline to hear the case.

Justice Department attorney August Flentje, facing questions about the administration's approach, said the government would enforce it until a final decision comes. "That argument goes against well-established legal principles", Weiser said. Traditionally, an administration - even one that did not work to pass the law in question - defends existing law in court.

Employers could return to placing annual and lifetime limits on employees' health care or not providing it at all, and preventative care no longer would be assured by federal subsidies. This spring, the administration changed its position mid-appeal, with the Justice Department telling the 5th Circuit it now agrees with the district court that the entire law is invalid.

Tuesday's arguments are the latest in a lawsuit filed by Republican officials in 18 states, led by the Texas Attorney General's Office. The House of Representatives intervened after Democrats won control in the November midterm elections, during which many focused their campaigns on defending Obamacare.


  • China's CPI up 2.7% in June

    China's CPI up 2.7% in June

    At the same time, however, he and other top policymakers have reiterated that China will not resort to large-scale stimulus. The consumer price index (CPI) in June rose 2.7 per cent from a year earlier, in line with expectations in a Reuters poll.
    Sabres trade Nylander to Chicago

    Sabres trade Nylander to Chicago

    The 20-year-old defenseman had 12 assists in 38 games for the Blackhawks and 17 points (two goals, 15 assists) in 30 AHL games. Chicago selected the Finnish rearguard with the 29th overall pick in the 2017 NHL Draft.
    Woman who encouraged boyfriend to kill himself files appeal with Supreme Court

    Woman who encouraged boyfriend to kill himself files appeal with Supreme Court

    She was sentenced to 15 months behind bars, which she is now serving. The Supreme Court's next session starts October 2019. Carter's conviction should not stand".
  • Beyoncé to drop new original song from 'The Lion King'

    Beyoncé to drop new original song from 'The Lion King'

    He added that Beyoncé made the song with Lebo M. and Hans Zimmer . The Lion King hits the cinemas on 18 July in Singapore .
    Greece creditors say no changes in bailout terms for new leader

    Greece creditors say no changes in bailout terms for new leader

    Nikos Dendias, the new foreign minister, held previous Cabinet posts at the ministries of public order, development, and defense. Mitsotakis's new Cabinet will rely heavily on experienced politicians who served in previous conservative governments.
    Murray 'unlikely' to make singles return at US Open

    Murray 'unlikely' to make singles return at US Open

    Williams' potential opponents in the final are No. 7 Simona Halep and No. 8 Elina Svitolina , who meet in the other semifinal. After beating teenage sensation Coco Gauff in straight sets, Halep will take on Zhang Shuai of China in the quarterfinals.
  • Warriors waiving Livingston after five seasons

    Warriors waiving Livingston after five seasons

    The Golden State Warriors are waiving guard Shaun Livingston , league sources told ESPN's Adrian Wojnarowski . Livingston is guaranteed $2 million of his total $7.7-million salary for the 2019-20 season.
    Why did Amy Hart quit Love Island?

    Why did Amy Hart quit Love Island?

    The Sun reports the 26-year-old air stewardess made a decision to quit the show after a dramatic week in the Love Island villa. He opened up about having feelings for new girl Jourdan Riane, while Maura Higgins has also been flirting with the dancer.
    H. Ross Perot, Politician, Businessman and Texan, Dies at 89

    H. Ross Perot, Politician, Businessman and Texan, Dies at 89

    He was the head of the company until 2000, when he passed the title on to his son, Ross Perot Jr . They called him a true American patriot and a man of rare vision, princible, and deep compassion.
  • Wilder rematch set for February, says Fury

    Wilder rematch set for February, says Fury

    Wilder, who beat Dominic Breazeale in NY in May, will next face Cuba's Luiz Ortiz in a rematch of their 2018 fight. He also plans to fight again in the fall - possibly September or October in NY , according to his promoter .
    Latest Xbox One Update Brings New Xbox Game Pass Feature

    Latest Xbox One Update Brings New Xbox Game Pass Feature

    As with all other Game Pass features, you can manage Play Later through the Game Pass mobile app, or through the console itself. You can find even more Alexa commands right here if that's your fancy! Enjoy the July Update and happy gaming!
    Jaden Smith Just Launched a Vegan Food Truck for the Homeless

    Jaden Smith Just Launched a Vegan Food Truck for the Homeless

    This marks the rising star's first full-length project since his 2017 album, SYRE - which is also ERYS spelled backwards. When you were born you became my first experience of tangible love. 'WOW, ICON ENERGY, ' commented SZA.


Oil gains after U.S. stockpiles drop, rigs evacuated
President Donald Trump called off air strikes at the last minute in retaliation for Iran shooting down a U.S. drone over the Gulf. Nigeria and other top oil producers suffered 5.1 million barrels production deficit, translating to five-year low output in June.

Wimbledon 2019: World No. 1 Ashleigh Barty crashes out of Grand Slam
I think it's something that is really important for someone like me who wasn't top 10, top 20, but Phil always remembered my name. Barty continues to give credit to her support team, exclusively using the term "we" when talking about her recent achievements.

United States slaps new duties on steel from China and Mexico
The Commerce Department's action follows an investigation launched earlier this year that also included Canada . Commerce Department said it had found that imports from Canada were not being unfairly subsidized.

Donald Trump defends Alex Acosta as fallout from Jeffrey Epstein case spreads
Trump said he had not spoken with Epstein in 15 years and had a "falling out" with him, but did not offer details of any dispute. Klobuchar's campaign said she is the first candidate in the Democratic field to call for Acosta's resignation.

Asia cautious as everything rides on dovish Powell
But hopes for a deep reduction were dealt a blow on Friday by data showing the USA created far more jobs than expected in June. Seoul rose 0.4 percent, while Wellington jumped 0.6 percent and Taipei gained 0.5 percent with Manila and Jakarta also up.

Former bowler backs Black Caps cautious approach to semi-final
Today's match is a highly-anticipated one as India's victory will make them the first finalists in the 2019 Cricket World Cup. For India , as usual, Jasprit Bumrah was economical with the ball and provided India with the early breakthrough.

Marcus Morris Considering Signing One-Year Deal With Knicks
If Morris did choose to head to NY , he'd have the chance to test the free agency market again next offseason. It appears a big decision could be on the horizon for former Boston Celtics forward Marcus Morris .

Korea spy charges, says he doesn't plan to return
On Twitter, Sigley dismissed the accusation of spying, writing, "The allegation that I am a spy is (pretty obviously) false". He said the only material he gave to media outlets was the same as that published on his blog.

Latest 'Obamacare' Court Battle Plays out in New Orleans
Asked by Elrod to elaborate, Flentje did not. "The issue is complicated and would need to be sorted out", he said. He said the legal remedy for those states would involve only the parts of the law that have harmed them.

New Snapdragon 215 Brings Quick Charge, Dual Cameras to Low End Phones
The Snapdragon 215 chipset comes as an upgrade over the Snapdragon 212, with the biggest change being that it packs a 64-bit CPU. Qualcomm is believed to be in early development of the new chip, meaning it'll likely be a while before it comes to market.