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Justice Kennedy in King vs Burwell: Are State Exchanges really just Coercion?

In a portion of the Obamacare Case that has already been settled by the Supreme Court, it was ruled that the Medicaid expansion was unconstitutional. The reason was because the federal government cannot coerce the states to expand Medicaid or lose all federal funding.

The states already received money for Medicaid from the federal government. What Obamacare would have done is forced states to expand the program or lose all of the money.

The Supreme Court ruled that this type of force was coercion and was unconstitutional. And after the decision states have the option of expanding Medicaid to cover more people or keeping things just as they were, while still receiving the money they had been receiving all along.

Virginia has opted to not expand Medicaid and nothing has changed, contrary to the way Obamacare was written. As enacted, Virginia would have been forced to expand Medicaid or lose all of the Medicaid money they had been receiving all along. States were left with no option but to comply, expanding the program or lose vital funding for the Medicaid program.

In arguments going on now, Justice Kennedy noted that forcing states to either set up insurance exchanges or see insurance companies fail and health coverage collapse in their state amounted to coercion. And they had already ruled that such arm twisting was illegal.

So far, the liberal judges are, as usual, unconcerned with the Constitution and only concerned about making Obama look good by deciding to fix the law in the courts instead of the legislature where the repair (if any) belongs.

Which is also a concern as Republicans are looking at ways to “fix” Obamacare should the court rule subsidies are unconstitutional unless the state has set up an exchange. A move that they hope will avert blame on the GOP as people lose their health subsidies. And once again the Republicans are looking to put their image above what’s best for the nation.

About Tom White

Tom is a US Navy Veteran, owns an Insurance Agency and is currently an IT Manager for a Virginia Distributor. He has been published in American Thinker, currently writes for the Richmond Examiner as well as Virginia Right! Blog. Tom lives in Hanover County, Va and is involved in politics at every level and is a Recovering Republican who has finally had enough of the War on Conservatives in progress with the Leadership of the GOP on a National Level.

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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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