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.

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"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.

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