Federal Judge Rules ObamaCare Is Unconstitutional

15 December, 2018, 08:02 | Author: Cecil Davis
  • Obamacare

A federal judge in Texas on Friday struck down the Affordable Care Act as unconstitutional, ruling that the law's individual mandate could not be severed from the rest of President Barack Obama's landmark healthcare law. His ruling is expected to be appealed, which means the conservative-majority Supreme Court, with newly appointed Justice Brett Kavanaugh, will have a chance to reassess the constitutionality of the law.

Twenty Republican-led states, including Kansas, brought the lawsuit. The decision comes amid a six-week open enrollment period for the program. "Further, the Court declares the remaining provisions of the ACA are INSEVERABLE and therefore INVALID".

'The Individual Mandate can no longer be fairly read as an exercise of Congress's Tax Power and is still impermissible under the Interstate Commerce Clause - meaning the Individual Mandate is unconstitutional, ' the judge wrote.

California Attorney General Xavier Becerra's office said the state would appeal the ruling.

The lawsuit, which was created to kill ObamaCare, is supported by President Trump.

The Republican led House and Senate, under President Donald Trump, outlawed the individual mandate in the tax cut law a year ago.

In a ruling released Friday evening, a federal judge in Texas sided with states arguing that key provisions of the Affordable Care Act or "Obamacare" are unconstitutional.

California and other states ruled against by the judge will challenge the decision by appealing in the United States Court of Appeals for the Fifth Circuit.

Mauricio Pochettino: Daniel Levy anxious I will leave Tottenham Hotspur
Earlier, YEN.com.gh reported that Mohamed Salah's lone goal was all Liverpool needed to progress to Champions League round of 16. To do so they would need to be installed in mid-February, but no opening date was announced in Wednesday's update .

"We'll continue to fight in court for New Yorkers and all Americans", she said on Twitter.

Although Democratic attorneys general, lawmakers, and policy analysts have repeatedly maintained that the TCJA zeroed out the penalty rather than eliminated it, O'Connor disagreed.

Ohio Senator Sherrod Brown tweeted: "This decision threatens the health coverage of 20 million people and undermines pre-existing condition protections for all Americans".

It is unclear what will happen to the law's many provisions until an appeal reaches the Supreme Court. "It will destabilize health insurance coverage by rolling back federal policy to 2009".

"Once again, the president calls on Congress to replace Obamacare and act to protect people with pre-existing conditions and provide Americans with quality affordable health care". California and other states had intervened to defend the 2010 health care law after the Trump administration declined to defend its provisions that guarantee coverage for people with pre-existing conditions, arguing that those provisions can not be separated from the mandate.

Judge O'Connor's decision tonight effectively argues the opposite.

Paxton says President Donald Trump's tax plan a year ago made the Affordable Care Act unconstitutional because it did away with the tax penalty levied on those who didn't have insurance.


  • Virgin Galactic's test flight looks dang impressive in new video

    Virgin Galactic's test flight looks dang impressive in new video

    SpaceX's Elon Musk recently announced plans to take a wealthy Japanese entrepreneur and his friends on a trip around the moon. The successful flight took the company one step closer to turning the dream of commercial space tourism into reality.
    Salah fires Liverpool into Champions League last 16

    Salah fires Liverpool into Champions League last 16

    The lifelong Liverpool fan was born with sight problems and has been registered blind since he was seven years old. I wish I could see more but that doesn't mean I can't form an opinion of my own.
    What we know about Meghan Markle's private secretary Samantha Cohen

    What we know about Meghan Markle's private secretary Samantha Cohen

    Princess Diana has some thoughts about Meghan Markle and Kate Middleton's feud , claims psychic twins. "I love Meghan very much". He said he has even written Meghan's mom, Doria Ragland about their daughter's silence, but did not mention a response from her.
  • Jared Kushner reportedly could be the next chief of staff

    Jared Kushner reportedly could be the next chief of staff

    While the press party has been canceled, Fox News reports the White House is still hosting numerous other holiday parties. It's tough to lose a job around Christmas but outgoing White House chief of staff John Kelly seems OK with it.
    India end Australia Test drought in nail-biter

    India end Australia Test drought in nail-biter

    Ajinkya Rahane also chipped in with a 147-ball 70 in the second innings and Kohli praised on the stylish batsman for his efforts. Smith and Warner were banned for one year after being found guilty of ball-tampering during the Cape Town Test.
    Lakers pursuing Ariza trade

    Lakers pursuing Ariza trade

    The former University of Georgia standout signed a one-year, $12 million contract to stay with the Lakers last offseason. Ariza is now averaging 9.7 points, 5.5 rebounds and 3.3 assists during his 15th National Basketball Association season.
  • Look Up! Gleaming Geminid Meteor Shower of 2018 Peaks Tonight

    Look Up! Gleaming Geminid Meteor Shower of 2018 Peaks Tonight

    These showers were first reported in the mid-1800s, where about 10-20 meteors would whiz past the earth's atmosphere per hour. The Geminids are the only meteor shower created by an asteroid and not a comet.
    Oil: Market fundamentals are turning more favorable for the price - Danske Bank

    Oil: Market fundamentals are turning more favorable for the price - Danske Bank

    The kingdom's diplomatic position has been badly weakened by the furore over the killing of Saudi journalist Jamal Khashoggi. But after hours of talks, Iran gave OPEC the green light and Russian Federation said it was ready to cut more.
    Cardi B changed the lyrics of

    Cardi B changed the lyrics of "Motorsport" following split with Offset

    Others chose to send Offset a video of Cardi rapping about the divorce in NY over the weekend. During her performance she rapped to the crowd: "I get up set off".
  • US soybean farmers win big from US-China trade war truce

    US soybean farmers win big from US-China trade war truce

    Qualcomm announced it was dropping plans to proceed with the deal after it failed to receive Chinese government approval. A full-blown resolution was not expected to be reached in Buenos Aires; the issues that divide them are just too hard .
    Strasbourg Market Shooting: Gunman Remains at Large

    Strasbourg Market Shooting: Gunman Remains at Large

    France has been targeted by a series of attacks by gunmen since 2015, and the Strasbourg market was long considered a target. The Strasbourg-based European Parliament was also on lockdown, with MEPs, staff and journalists unable to leave the building.
    Trump says standing by Saudi crown prince despite pleas from Senate

    Trump says standing by Saudi crown prince despite pleas from Senate

    Human rights groups say the war in Yemen is wreaking havoc on the country and subjecting civilians to indiscriminate bombing. Res. 54, 60-39, featuring strong bipartisan support for the advancement of the resolution.


Chargers stun Chiefs with late touchdown, two-point conversion
And when it was confirmed by video review, Chargers coach Anthony Lynn sent his team out for a 2-point conversion and the win. Mahomes has been getting all the attention, but Chargers counterpart Philip Rivers has been almost as good this season.

Unfounded bomb threats reported in cities across Canada, U.S.
Calgary police say a string of bomb threats around the city on Thursday were part of a hoax sweeping across North America. The sender of the emails claimed they had an accomplice who had planted a small explosive device in the building.

Chinese Hackers Are Likely Responsible For Marriott Data Breach, Reports Say
The U.S. requested that Canada detain Chinese tech executive Meng Wanzhou , of Huawei, the company founded by her father. The attack on the Marriott's Starwood chain was discovered in September, then publicly disclosed last month.

Michael Cohen sentenced to three years in jail
Like Cohen, the tabloid publisher admitted it was trying to influence the election by protecting Mr Trump from a damaging story. Cohen's father, Maurice Cohen, who showed little emotion during the hearing, later told reporters: "My heart is ripped".

Trump threatens government shutdown if Mexico wall does not get funding
Trump deployed the US military to the border area before November 6 congressional elections, calling the caravan an "invasion". The conflict between Trump and Pelosi dominated the scene, which was replete with gender politics.

Despite Miami Dolphins win, problems still exist in chase for playoffs
Tom Brady , who had 358 passing yards and three TDs, also missed out on points right before halftime by taking a sack with no timeouts left after a Miami turnover deep in their zone.

Jurgen Klopp says he was never anxious about Mohamed Salah’s form
The Reds now boast the league's only unbeaten record after champions Manchester City lost 2-0 at Chelsea on Saturday evening. That stretch without defeat started with the 4-0 thrashing of Brighton at Anfield on the final day of last season.

Former federal prosecutor explains why Trump will be 'indicted eventually'
Schiff did not rule out that Trump may become "the first president in quite some time to face the real prospect of jail time ". The filing in the Southern District does not directly name Trump, but makes multiple references to him as "Individual-1".

USA winter storm knocks out power to 140,000 in North Carolina
The weather turned deadly Sunday afternoon when police say a tree fell on a auto in a Charlotte suburb, killing the driver. The storm dumped up to 11 inches of snow in Richmond, VA and some areas of North Carolina saw as much as 18 inches.

Democrat withdraws concession in scandalous North Carolina race
If accurate, those results would mean every unaffiliated absentee voter, as well as some Democrats, went for the Republican. There is little chance as many voters who cast ballots on November 6 would vote if new elections are held, Stone said.