Obamacare unconstitutional Federal judge rules.
A
federal judge in Texas on Friday ruled the Affordable Care Act,
commonly known as Obamacare, was unconstitutional based on its mandate
requiring that people buy health insurance, a decision in a case that
could reach the U.S. Supreme Court.
U.S.
District Judge Reed O'Connor in Fort Worth agreed with a coalition of
20 states that a change in tax law last year eliminating a penalty for
not having health insurance invalidated the entire Obamacare law.
The
coalition of states challenging the law was led by Texas Attorney
General Ken Paxton and Wisconsin Attorney General Brad Schimel, both
Republicans.
Republicans
have opposed the 2010 law - the signature domestic policy achievement
of Republican President Donald Trump's Democratic predecessor Barack
Obama - since its inception and have repeatedly tried and failed to
repeal it.
O'Connor
ruled that under the logic of the landmark 2012 Supreme Court ruling
that upheld the law, the individual mandate, which required that most
Americans obtain health insurance or pay a tax, is now unconstitutional.
In
the 2012 ruling, a majority of the justices concluded that the
individual mandate unconstitutionally imposed a requirement that
Americans buy insurance. However, a different majority held the mandate
amounted to a constitutional tax penalty.
On
Friday, O'Connor ruled that after Trump signed a $1.5 trillion tax bill
passed by Congress last year that eliminated the penalties, the
individual mandate could no longer be considered constitutional.
He
said because the individual mandate was an "essential" part of
Obamacare, the entire law, rather than just the individual mandate, was
unconstitutional.
"In
some ways, the question before the Court involves the intent of both
the 2010 and 2017 Congresses," he wrote. "The former enacted the ACA.
The latter sawed off the last leg it stood on."
O'Connor's decision was issued the day before the end of a 45-day sign-up period for 2019 health coverage under the law.
About
11.8 million consumers nationwide enrolled in 2018 Obamacare exchange
plans, according to the U.S. government's Centers for Medicare and
Medicaid Services.
A
spokeswoman for California Attorney General Xavier Becerra, who was
among a group of Democratic attorneys general defending the law, said
they would appeal the decision. An appeal would go to the 5th U.S.
Circuit Court of Appeals.
White
House spokeswoman Sarah Sanders said in a statement the law would
remain in place pending its expected appeal to the Supreme Court.
Trump
hailed the ruling and called on Congress to act. "Now Congress must
pass a STRONG law that provides GREAT healthcare and protects
pre-existing conditions," Trump said in a tweet.
U.S. Senate Democratic leader Chuck Schumer said he hoped the decision would be overturned.
"If
this awful ruling is upheld in the higher courts, it will be a disaster
for tens of millions of American families, especially for people with
pre-existing conditions," Schumer said in a statement.
In
June, the Justice Department partially sided with the Republican state
attorneys general, agreeing that the individual mandate must be struck
down as unconstitutional but arguing several other provisions could
survive.
(Reuters)
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