November 9, 20169 yr .. maybe you constitutional lawyers out there can help me. Just thinking out loud, let's say that I am a taxpayer filing taxes for 2016 (in Feb 2017) and President Trump has repealed the AHCA on his first day in office. With that in mind, if I am uninsured, would that penalty for being uninsured be repealed (or whatever you prefer to label it might be) instantly or is it grandfathered? I'm asking because a lady that used to work for me files and has no insurance and will have to pay this year if a change doesn't occur. Or maybe this is a dumb question.
November 9, 20169 yr Tough question that I'd have to look up. It's possible she'd still have to pay, especially if the effective repeal date didn't occur until after April 15, 2017, even if the actual vote to repeal happens in the first 100 days. The standard rule is that you cannot be charged for violations of laws that have since been repealed since even though the violation may have occurred while the law was in effect, the basis for that prosecution is no longer on the books for a prosecutor to file a valid complaint. The IRS is going to work a bit differently than normal prosecutors, but if the allegation would be that she was evading or avoiding taxes, then following the repeal, that statutory basis for a complaint would not be available to a federal prosecutor. In the end... I don't know. I'll have to get back to you.
November 9, 20169 yr I am not a Constitutional lawyer or any kind of lawyer however: I am pretty sure that President Trump will not have the power or authority to repeal the Affordable Health Care Act without both houses of Congress being involved.
November 9, 20169 yr I am not a Constitutional lawyer or any kind of lawyer however: I am pretty sure that President Trump will not have the power or authority to repeal the Affordable Health Care Act without both houses of Congress being involved. spindoc's a smart dude. He didn't mean Trump would be unilaterally repealing it. But with both legislative chambers under Republican control, they'll definitely make the attempt to do so.
November 9, 20169 yr I would assume it would still be valid for 2016 as the repeal date would be in 2017.
November 9, 20169 yr How does Trump unilaterally, legally repeal a law? And what would happen to the millions who now have coverage as a result of the law, who didn't have it before?? Do those folks just get kicked back to the curb?
November 9, 20169 yr Author How does Trump unilaterally, legally repeal a law?He don't need no stinkin' checks and balances.
November 9, 20169 yr How does Trump unilaterally, legally repeal a law? Easy, you just build a wall around the law and starve it out.
November 9, 20169 yr Author Do I post so infrequently that I pass as someone who doesn't realize that the head of the executive branch can't "unilaterally, legally repeal a law"? Good, that means I'm keeping my nose clean.:angrybird_13:
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