Wednesday, September 4, 2013

Judge Upholds Obamacare in Kentucky

But don't worry - the teabaggers will appeal all the way.  They've got Koch Brothers money behind them and a corporatist Supreme Court in front of them, and they can't lose.

Tom Loftus at the Courier:

The Beshear administration’s plans to expand Medicaid and begin enrollment in Kentucky’s new health care exchange survived their first court challenge Tuesday.

In separate rulings, Franklin Circuit Judge Phillip Shepherd upheld both decisions by Gov. Steve Beshear intended to expand access to health care to 640,000 uninsured Kentuckians under the Affordable Care Act, also known as Obamacare.


The rulings swept aside the legal challenge by Nicholasville Tea Party activist David Adams and others who insisted that Beshear’s actions must be ratified by the legislature.


“The Kentucky Supreme Court has held that this legislative power may be delegated to the executive branch of government in these circumstances, so long as there are standards governing the exercise of discretion, and the legislature retains the authority to withdraw the delegation,” Shepherd wrote in the case upholding the expansion of Medicaid. “Those conditions are clearly met here.”

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