IT'S OFFICIAL: #TexasFoldEm Lawsuit Oral Arguments Set for July 9th

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The Fifth Circuit just officially calendared the argument for the afternoon of July 9th. Here’s the docket entry:

CASE CALENDARED for oral argument on Tuesday, 07/09/2019 in New Orleans in the West Courtroom -- PM session. In accordance with our policy, lead counsel only will receive via email at a later date a copy of the court's docket and an acknowledgment form. All other counsel of record should monitor the court's website for the posting of the oral argument calendars.. [19-10011] (SME) [Entered: 05/23/2019 11:08 AM]

While I have you, I’m attaching the excellent reply briefs filed yesterday by the growing coalition of ACA defender states led by California Attorney General Xavier Becerra as well as the brief from the U.S. House of Representatives. Both completely take apart every single one of the absurd legal arguments put forward by the Trump-Barr DOJ and Texas et al.

Once more for those in the back:

One More Time: If the entire ACA were to be repealed:

  • 16 million people would lose Medicaid
  • 9 million people would lose subsidized private ACA exchange coverage
  • 850,000 would lose BHP coverage in Minnesota & New York
  • Medicare Part D donut hole? Reopened.
  • Children being allowed to stay on their parents plans until age 26? Gone.
  • Discrimination against those with preexisting conditions? Back.
  • Annual & lifetime limits on coverage? Back.
  • Caps on out of pocket expenses? Gone.

...and much, much more.

Once again, here's the ludicrous argument of both the plaintiffs and Trump's Department of Justice's:

  • The ACA's shared responsibility penalty (aka the Individual Mandate) is only Constitutional because it was considered a tax by the Supreme Court.
  • The GOP changed the shared responsibility penalty fee to $0.
  • Therefore, that somehow makes not only the mandate unconstitutional, it also means the rest of the law is as well, because reasons.
  • Therefore, the entire law needs to be repealed en masse.

No, it makes zero sense whatsoever. Yet here we are.