GOP ACA Replacement Imminent....Predictions

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sactoking

Diamond Member
Sep 24, 2007
7,632
2,891
136
The federal supremacy Doctrine will supersede any state law if one exists that is in conflict with it. If Trump creates an executive order with specific rules that are in conflict with an existing state law they will have to switch gears and get on board the new policy. Health insurance is something that should be legislated as it takes time for research which historically results in a more comprehensive package. The legislative branch has a duty to create needed laws, however, they need to leave this health care issue alone and focus on other matters as it isn't the only pressing issue on our plates.
Nope. State-based regulation of insurance is based in the McCarran-Ferguson Act of 1945. It can be overridden, such as the ACA, but it takes an act of Congress to do so.

An executive order stipulates how an executive branch agency is to interpret and enforce laws enacted by Congress but it cannot change those laws. Any executive order to allow sales across state lines would apply to federal agencies like Health and Human Services but the states would retain full rights to prosecute, fine, banish or otherwise punish unauthorized and illegal sales to residents.
 

Puffnstuff

Lifer
Mar 9, 2005
16,187
4,871
136
Nope. State-based regulation of insurance is based in the McCarran-Ferguson Act of 1945. It can be overridden, such as the ACA, but it takes an act of Congress to do so.
An executive order carries the rule of federal law and that act specifically provides for that possibility. It also falls under the Commerce Clause if a federal law relating to the regulation of insurance conflicts with a state law.
http://www.yalelawjournal.org/note/executive-orders-in-court

On a side note Trump is at it again claiming that he has the necessary votes to appeal the ACA.
https://www.cnbc.com/2017/09/27/trump-claims-gop-has-votes-to-pass-obamacare-repeal.html
 

Engineer

Elite Member
Oct 9, 1999
39,230
701
126
An executive order carries the rule of federal law and that act specifically provides for that possibility. It also falls under the Commerce Clause if a federal law relating to the regulation of insurance conflicts with a state law.
http://www.yalelawjournal.org/note/executive-orders-in-court

On a side note Trump is at it again claiming that he has the necessary votes to appeal the ACA.
https://www.cnbc.com/2017/09/27/trump-claims-gop-has-votes-to-pass-obamacare-repeal.html


At the same time, Trump said, "I'm also going to meet with Democrats and see if I can get a health-care plan that's even better."

"I will negotiate with Democrats," said Trump.

LOL!
 

Puffnstuff

Lifer
Mar 9, 2005
16,187
4,871
136
The great uniter strikes again. If Trump was trying to make a PBJ all of the ingredients would run away while he wasn't looking. Later on he'd declare that he'd made the best PBJ ever, it was the bigliest one in existence plus important people called him to share their admiration and express their awe over it.
 
Dec 10, 2005
27,692
12,136
136
Oh boy now Trump is going to sign a new executive order over ACA. Get ready to bend over and take it like a stooge. I voted for Hillary so don't blame me for this one.
http://money.cnn.com/2017/09/27/news/economy/trump-executive-order-health-care/index.html
LOL @ interstate buying trope. The ACA already allows this. Few to no companies do it though because it isn't just about "offering" insurance. You need to actually have providers that will take the insurance too.
 

SMOGZINN

Lifer
Jun 17, 2005
14,320
4,590
136
LOL @ interstate buying trope. The ACA already allows this. Few to no companies do it though because it isn't just about "offering" insurance. You need to actually have providers that will take the insurance too.

Not just this, but insurance companies want localized policies. The cost of insurance in Texas is going to be different than the cost of insurance in California. No company wants to sell Texas prices policies to people living primarily in California. No matter if it is allowed or not, they simply are not going to do it. It has almost nothing to do with laws or regulations preventing it.

Almost all insurers are already able to sell policies in your state, if they are not offering you a policy it is not because they can't, it is because they don't want to.
 

[DHT]Osiris

Lifer
Dec 15, 2015
16,968
16,071
146
He's incapable of error and defeat in his mind. He didn't lose. He just wasn't allowed to win but he would have had they let him. I mean this is the guy who this morning deleted all of his tweets supporting Luther Strange. Like that erases his failure in backing the loser. I particularly like the one where he said Strange was polling higher due to his support. He wasn't. - Delete

He is just completely delusional and detached from reality.
Is the President permitted to destroy official WH communications on his own volition? I feel like that's in violation of some govt protocols for documents handling (it certainly would have been in the Military).
 
Jan 25, 2011
16,989
9,403
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Is the President permitted to destroy official WH communications on his own volition? I feel like that's in violation of some govt protocols for documents handling (it certainly would have been in the Military).
The Obama admin set up a system to auto archive tweets from any government account. Not sure if that is still running under Trump or, more importantly, his personal account was added to that system. If it is set up then deletion does not eliminate the record entirely.

The only real argument they could make for deleting it is if the record was “purely private or nonpublic character which do[es] not relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President.” Since his tweets are public I doubt even that would hold up.
 
Reactions: [DHT]Osiris

K1052

Elite Member
Aug 21, 2003
51,513
44,057
136
Looking like the budget resolution that will be passed enabling reconciliation for taxes will include no healthcare instructions, so contrary to what the president claims repeal won't be addressed by the GOP early next year.

In other news the rumblings about what the Dems want for their votes on the next debt ceiling/gov funding bills are starting. The more he shows them how he intends to strangle the ACA the more they'll want.
 

Engineer

Elite Member
Oct 9, 1999
39,230
701
126
With the failed repeal (for now), the Cheeto Von Tweeto admin has started ripping piece by piece out.

The birth control mandate is now no more. Not sure how this happens. Seems like a line item veto of the law after the fact....

https://www.yahoo.com/lifestyle/tru...birth-control-coverage-mandate-160019252.html

It should also be noted that the house passed a budget resolution (with all Dems and 18 GOPers voting against) that included an Obamacare repeal as well as a Medicare transition to vouchers (turning Medicare into Obamacare? heh). It's nonbinding but shows what dickhead ryan's true intentions are. Completely gut the US long standing entitlement system. I'm sure he'll throw in a few tax breaks afterward so the trickle will run down to the common folks to make up the difference.
 

K1052

Elite Member
Aug 21, 2003
51,513
44,057
136
It's nonbinding but shows what dickhead ryan's true intentions are. Completely gut the US long standing entitlement system.

He's basically what I would expect to emerge if a witch used a copy of Atlas Shrugged in a spell to animate a pile of factory reject dildos into human form.
 
Feb 4, 2009
35,862
17,401
136
With the failed repeal (for now), the Cheeto Von Tweeto admin has started ripping piece by piece out.

The birth control mandate is now no more. Not sure how this happens. Seems like a line item veto of the law after the fact....

https://www.yahoo.com/lifestyle/tru...birth-control-coverage-mandate-160019252.html

It should also be noted that the house passed a budget resolution (with all Dems and 18 GOPers voting against) that included an Obamacare repeal as well as a Medicare transition to vouchers (turning Medicare into Obamacare? heh). It's nonbinding but shows what dickhead ryan's true intentions are. Completely gut the US long standing entitlement system. I'm sure he'll throw in a few tax breaks afterward so the trickle will run down to the common folks to make up the difference.

I just heard that today is the 1 year anniversary of "Grab them by the Pussy"
Strange coincidence
 
Mar 11, 2004
23,444
5,849
146
With the failed repeal (for now), the Cheeto Von Tweeto admin has started ripping piece by piece out.

The birth control mandate is now no more. Not sure how this happens. Seems like a line item veto of the law after the fact....

https://www.yahoo.com/lifestyle/tru...birth-control-coverage-mandate-160019252.html

It should also be noted that the house passed a budget resolution (with all Dems and 18 GOPers voting against) that included an Obamacare repeal as well as a Medicare transition to vouchers (turning Medicare into Obamacare? heh). It's nonbinding but shows what dickhead ryan's true intentions are. Completely gut the US long standing entitlement system. I'm sure he'll throw in a few tax breaks afterward so the trickle will run down to the common folks to make up the difference.

I still remember during the 2012 campaign when Ryan said that Obama was going to kill Medicare (clearly trying to scare older and disabled voters), after his (Ryan's) budget plan that included the reduce and turn into voucher setup. I knew from that point on just how dishonest and evil he really is.
 
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ivwshane

Lifer
May 15, 2000
33,279
16,602
136
I still remember during the 2012 campaign when Ryan said that Obama was going to kill Medicare (clearly trying to scare older and disabled voters), after his (Ryan's) budget plan that included the reduce and turn into voucher setup. I knew from that point on just how dishonest and evil he really is.

He's a huge fan of ayn Rand and that should tell you all you need to know.
 

Thump553

Lifer
Jun 2, 2000
12,836
2,620
136
Executive orders and regulations are to interpret legislation, not create policy. It is the function of Congress through legislation to set policy.

From the admittedly little I know about the mechanics of how Trump is trying to initiate this new policy, it seems laughably unconstitutional. It's flat out an abuse of power.
 

K1052

Elite Member
Aug 21, 2003
51,513
44,057
136
On the heels of reports that Trump had a call with Schumer on healthcare, making Republicans nervous . According to a NYT story he also floated the idea of this at a NY fundraiser and it was applauded.

 

Engineer

Elite Member
Oct 9, 1999
39,230
701
126
On the heels of reports that Trump had a call with Schumer on healthcare, making Republicans nervous . According to a NYT story he also floated the idea of this at a NY fundraiser and it was applauded.


Probably going in at an angle that if the GOP works with the DEMS to fund and keep Obamacare going, the DEMS would need to give on tax reform. As far as I'm concerned, eliminating the individual exemptions (you, spouse, children, anyone else that you take care of) is a non starter. Gong to lead to many middle class people, including me, getting a big tax hike.
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,684
136
Executive orders and regulations are to interpret legislation, not create policy. It is the function of Congress through legislation to set policy.

From the admittedly little I know about the mechanics of how Trump is trying to initiate this new policy, it seems laughably unconstitutional. It's flat out an abuse of power.

Constitutionality doesn't matter when pandering to the Fundies. Win or lose, Trump comes out smelling like a rose to them.
 

Thump553

Lifer
Jun 2, 2000
12,836
2,620
136
Trump wants temporary deal on Obamacare (one to two years) and then block grant to the states. I'm sure the dems will go along with that pile...

http://www.cnn.com/2017/10/07/politics/trump-schumer-health-care/index.html
Isn't that pretty much what the GOP couldn't vote into law? After all, no one (except Rand Paul) is stupid enough to pass a law that will immediately repeal voter's health coverage, or immediately raise taxes. They put a year or two delay in it, so the whammy comes after the next election. Been done that way for decades now. Voters have a very short term memory.

Does Trump really think the Dems are stupid enough to do this? It is a total nonstarter. Sounds very similar also to his proposed "compromise" on DACA-give me 99.9% of what I want and I'll give you a bit of window dressing so you can claim a victory.

The guy really is horrible negotiator.
 

shortylickens

No Lifer
Jul 15, 2003
80,287
17,080
136
On the heels of reports that Trump had a call with Schumer on healthcare, making Republicans nervous . According to a NYT story he also floated the idea of this at a NY fundraiser and it was applauded.



Lets just say Obamacare is in fact "broken", which is hard to prove because there was never a strict definition of success, but even if it is broken, does Donald honestly believe any of them will admit to it, scrap the whole program, and work with the Republicans to make something completely new?
Or is he just posturing and full of shit like always?


(I dont like Obamacare because it raised my monthly rates considerably and also I have much worse coverage. But the Dems claim millions of people are now insured who were not previously, so theres that.)
 

Engineer

Elite Member
Oct 9, 1999
39,230
701
126
Isn't that pretty much what the GOP couldn't vote into law? After all, no one (except Rand Paul) is stupid enough to pass a law that will immediately repeal voter's health coverage, or immediately raise taxes. They put a year or two delay in it, so the whammy comes after the next election. Been done that way for decades now. Voters have a very short term memory.


Right now, T-Rump and the GOP aim to starve Obamacare and make it fail. I think T-Rump is offering to fund it for two years in exchange of a switch over to repeal and block grants to states. If that's the case, the dems should tell them to pound sand. We will see if voters pin it on the GOP or Dems should the funding be pulled and make it much worse than what it is now.
 
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