Well, not so much the law – the Supreme Court said it was a-ok. The problem, the illegality is in the manner in which the administration is making payments to insurance companies under the law.
The Constitution says “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law,” [Judge] Collyer noted, but the administration has continued to pay billions to insurers for their extra cost of providing health coverage.
“Paying [those] reimbursements without an appropriation thus violates the Constitution,” she wrote. “Congress is the only source for such an appropriation, and no public money can be spent without one.”
Federal judge rules Obamacare is being funded unconstitutionally, L.A. Times, May 16, 2016.
The Ruling will probably be overturned on appeal. The Judge is 100% correct about Congressional appropriation. However, the Constitution is as dead as a hammer and the government gets what it wants. In this case it wanted a new tax (even though they didn’t know it was a tax at the time – thank you, John Roberts, for the clarification). The tax is designed to funnel money to insurance companies (“billions to insurers”). Those insurers wrote the law in order to get the free money.
Approximately the same number of Americans are now uninsured as were before the law was enacted. The difference is that many have to pay a sizable tax every year because they are uninsured. Those with insurance pay higher premiums under the law. The net effect is: no new coverage for the uninsured and; massive profit for the insurance industry of America (second only to the banks in political power/thievery).
Mull this over, if you will. Hillary and Bernie will not change this. The Donald and the spineless Paul Ryan will not change this. Those latter con-men only talk about “repealing” Obamacare and “replacing” it with something else written by the insurance lobbyists.
Hope and change ain’t making America great. It’s all making a certain sect of criminals richer than ever – at our expense as usual. Keep on voting!