Federal Judge Rules ObamaCare Is Unconstitutional

15 December, 2018, 07:59 | Author: Norman Carr
  • BREAKING NOW: Federal Judge Rules 'ENTIRE' Affordable Care Act Unconstitutional

A federal judge in Texas threw a dagger into the Affordable Care Act on Friday, ruling that the entire health-care law is unconstitutional because of a recent change in federal tax law.

Leaning on the U.S. Supreme Court decision that the ACA is a tax, U.S. District Judge Reed O'Connor said that the entire law was invalidated by the 2017 Tax Cuts and Jobs Act, which zeroed out the individual mandate penalty.

Judge O'Connor ruled that, therefore, the mandate without a tax penalty attached was unconstitutional, and so too the rest of the law.

In Wisconsin, an incoming Democratic attorney general, Josh Kaul, campaigned on a promise to withdraw the state from the lawsuit, but Wisconsin's Republican legislature and outgoing Gov. Scott Walker, R, have tried in a lameduck session to block his ability to do that.

The Texas court ruling came a day before the deadline for Obamacare enrolment for the coming year.

The attorney for the suit, Robert Henneke, said the Affordable Care Act is no longer legal because Congress deleted the individual mandate in the GOP's tax bill previous year.

The ruling "exposes the monstrous endgame of Republicans' all-out assault" on Americans most in need of healthcare, said soon-to-be Speaker of the House Nancy Pelosi, vowing to act swiftly once she was returned to her rightful place in January. Without that penatly, he wrote, "Obamacare" is unconstitutional.




In a second tweet, the president declared the ruling to be "great news for America!".

"Congress stated many times unequivocally - through enacted text signed by the President - that the Individual Mandate is "essential" to the ACA", O'Connor wrote in the decision, using the initials of the law's formal title, the Affordable Care Act.

Democratic leaders, meanwhile, reacted harshly to the decision. The judge's ruling will also be immediately appealed.

"Today's decision is an unfortunate step backward for our health system that is contrary to overwhelming public sentiment to preserve pre-existing condition protections and other policies that have extended health insurance coverage to millions of Americans", said AMA president Barbara L. McAneny, M.D. Three-quarters of Americans say that it is "very important" for the law to continue prohibiting health insurers from denying coverage because of medical histories, according to the Kaiser Family Foundation's September tracking poll - 58% of Republicans feel the same way.

The Trump administration weighed in, saying the government would no longer defend some core components of the ACA, but that others could remain, including Medicaid expansion, subsidies for private insurance and health insurance markets. "The ruling seems to be based on faulty legal reasoning and hopefully it will be overturned".

Paxton says President Donald Trump's tax plan previous year 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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