BREAKING NOW: Federal Judge Rules 'ENTIRE' Affordable Care Act Unconstitutional
15 December, 2018, 07:58 | Author: Judith Dennis
The suit in question, filed in January, concerned the law's individual mandate provision, which required every citizen to purchase healthcare in some way.
A Texas federal judge has struck down the Affordable Care Act, ruling it cannot be classed as a tax without a penalty for those who don't buy health insurance. The rest of the law can not be separated from that provision and is therefore invalid, he wrote. Because the mandate is an essential part of the ACA in the judge's view, that led him to rule that the entire health law should be struck down.
White House press secretary Sarah Huckabee Sanders issued a statement saying: "We expect this ruling will be appealed to the Supreme Court". We can not go back to the days when insurance companies regularly denied coverage for people who are sick.
Trump responded to O'Connor's ruling in a series of celebratory tweets Friday.
U.S. President Donald Trump called the decision "great news for America". "The judge's decision vindicates President Trump's position that Obamacare is unconstitutional". Further, the Court declares the remaining provisions of the ACA, Pub. The Democrats contend that the Republican tax law will lower the federal penalty for being uninsured to $0, but does not negate the ACA's constitutionality. The decision is nearly certain to be appealed all the way to the Supreme Court.
But other states have argued that eliminating Obamacare would harm millions of Americans, and pending any appeal the landmark health care law remains in place. The health law was passed in 2010. That could include the section that allows parents to keep young adult children on their coverage until age 26.
In Texas alone, there are more than 4.5 million "nonelderly adults" with pre-existing conditions that could make it hard for them to get health insurance if Obamacare went away, statistics show. On Sept. 5, the case went before Reed, spurring local protests at Burnett Park to demonstrate against Paxton's lawsuit against the Affordable Care Act.
Saturday is the sign-up deadline for 2019 private plans through HealthCare.gov.
The top Senate Democrat on Friday night criticized the court's decision.
The Supreme Court upheld that part of the law in 2012, ruling it fell in line with Congress' power to levy taxes.
Since then public opinion on the ACA has shifted from mostly negative to generally favorable. And yet, Republicans have made it clear that their priority is attacking access to critically-needed health care, protections for people with pre-existing conditions, and insurance for young people.
'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.
New York Attorney General Barbara Underwood said the states will continue their defence of the law. O'Connor is a conservative Republican appointee who previously blocked other Obama-era policies.
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