Federal Judge Throws Out ACA, So What’s Next?

Ruling Striking Down Obamacare Moves Health Debate to Center Stage

First off…you Democrats in Washington have got to stop freaking out and running all over the news acting like this is a disaster. It is serious but the Titanic isn’t sinking immediately here…it’s just taking on a little water.

So let’s make sure that everyone understands that coverage under the Affordable Care Act for 2019 is NOT affected. No One loses their coverage in 2019!


The decision by a federal judge in Texas to strike down all of the Affordable Care Act has thrust the volatile debate over health care onto center stage in a newly divided capital, imperiling the insurance coverage of millions of Americans while delivering a possible policy opening to Democrats.

Now this is a simple federal court ruling. There are already groups in play to appeal this ruling. The states run by Democrats will appeal and it sounds like the House will appeal once the Democrats gain control in January. So that will probably take the better part of a year…and guaranteed…no matter who loses, the case will be appealed to the US Supreme Court. So there is a good chance that no new changes to the Affordable Care Act will occur before 2021. And it will most likely be a major discussion point in the 2020 Presidential Election unless a solution is approved prior to that. But it sounds like the president is ready to provide some serious comprehensive health care for all Americans…just ask him!


Now I am not putting much faith in Senate Majority Leader Mitch McConnell but soon to be Speaker of the House Nancy Pelosi seems to have a mandate from the White House here…plus the aforementioned…a possible policy opening to Democrats.

So the Democrats already have a natural starting point for discussion with the American people. They ran on protecting the Affordable Care Act. They ran heavily on protecting the ‘pre-existing conditions’ protections…one of the major items in the ACA that the majority of America wants to maintain…AND something that many Republicans ran on as well. Let’s step up the conversation on protecting ‘pre-existing’ conditions.

Then let’s explain how we got to this court ruling. That Republicans have constantly been undermining the tenets that the ACA has been based on and those changes allowed the judge to make this ruling which seems to reverse the original 2012 Supreme Court ruling. Actually it doesn’t, it plays off that ruling based on the individual mandate and the ‘tax’ for not buying insurance. But there are other conflicting rulings in the federal courts as well…so this whole thing may be a moot point before the conventions in 2020.

But now I am ready to throw out the Affordable Care Act. It’s clumsy. It’s incomplete. It’s complicated. It doesn’t meet the needs of the American people.

Long time readers know that I am a proponent of comprehensive universal single payer health care. A plan that would cover every resident of the nation. A plan that provides for complete medical coverage…including wellness services, reproductive services, dental coverage, drug coverage, mental health care, vision care, etc. No provider exceptions or networks or whatever. And I am not opposed to a minor co-pay per visit…something like $20…just so patients are involved in the process.

And no, Medicare For All, is a bad idea. It sets up unrealistic expectations…everyone thinks they know what Medicare is…but it isn’t exactly that …and it doesn’t cover a lot of things on the list I have above. So throw that name out. Get rid of it. It has baggage just like ‘Obamacare’ does. And Medicare too is clumsy and complicated and it doesn’t get the job done either. You want a clever name? Call it Americare or Patriotcare or Homeland Security Care or Eaglecare or something. But leave the politician name and legacy names like Medicare behind. A new plan…and comprehensive plan…and a new name!

And then sell it to America. Over and over and over again. Directly to the people. Let them weigh in. Make sure they know what they are getting. Comprehensive Universal coverage…that covers everything…for everyone…without it being tied to your employment!

Can we get this done? Maybe not in the near term. But if it is presented correctly, eventually the American public is going to demand it. Maybe after the 2020 elections.

But there is an opening right now. We have the president’s tweet pictured above…and we have the soon to be House Minority Leader, Representative Kevin McCarthy of California, ready to help:


“President Trump has made clear he wants a solution, and I am committed to working with my colleagues on both sides of the aisle to make sure America’s health care system works for all Americans”

Let’s hold him to his word and let’s do this right this time! Universal Comprehensive Single Payer Healthcare Coverage…and presented to the American people clearly, logically, and repeatedly so there is no misunderstanding.

Do this and the rest of the world will welcome finally the United States to the 21st Century!

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