Obamacare ruled unconstitutional by US federal judge in Texas

Pearl Mccarthy
December 21, 2018

A USA federal judge in Texas ruled on Friday that the Affordable Care Act, commonly known as Obamacare, is unconstitutional, a decision that was likely to be appealed to the Supreme Court, Trend reports citing Reuters.

President Donald Trump made abolishing the programme one of his main campaign pledges.

A prominent example: "The House was not party to this suit, and we are reviewing the ruling and its impact", said AshLee Strong, spokeswoman for House Speaker Paul Ryan, R-Wis.

Schumer, the Senate minority leader, said Sunday that he is going to renew an effort to force a vote on getting the chamber to go to court in defense of the health care law.

If the court were to overturn the law, it would leave the Trump administration and a divided Congress in a remarkably hard situation - scrambling to come up with an alternative that has eluded the law's critics in Washington ever since its passage in 2010.

The 2012 case was over whether such a penalty was legal - but now that it is gone, O'Connor says the whole Affordable Care Act should be stricken down because that provision is "the keystone" of the program.

As a result, he ruled that the individual mandate is unconstitutional.

Now, this could be a serious problem for people who buy their health insurance from state exchanges as well as those on Medicare and Medicaid.

But Kavanaugh's defenders have just as adamantly argued that his 2011 dissent actually supported the conclusion that the mandate is unconstitutional.

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To be embraced with such open arms it's just unbelievable'. "So thank you for that", he said . Two days later, they held the reception for their wedding at Taj Palace in Delhi, India.

The case was brought by a coalition of 20 states that argued that the whole law was invalidated by a change in tax rules a year ago which eliminated a penalty for not having health insurance. He wrote that the rest of the law can not be separated from that provision and therefore was invalid.

California Attorney General Xavier Becerra, who has been leading the multi-state coalition to defend the law, issued a statement saying: "The ACA has already survived more than 70 unsuccessful repeal attempts and withstood scrutiny in the Supreme Court". All five remain on the court.

Jared Golden, a Democrat recently elected to represent Maine's 2nd District in the U.S. House of Representatives, said the ruling could threaten coverage for millions of Americans and undermine protections for people with pre-existing conditions.

Republican Sen. Susan Collins of ME, who was one of the key votes thwarting a GOP effort to rollback the 2010 health care law as part of a dramatic late night session of the Senate, said she thought the broad sweep of the O'Connor ruling would be overturned on appeal.

A Friday statement from the White House on the ruling said that it expects the decision to be "appealed to the Supreme Court". "As the decision makes its way through the courts, which will take months, if not years, the law remains in place and will likely stay that way".

"It once again puts Republicans in Washington on the spot", Sen. As a Wall Street Journal editorial noted Monday, Roberts saved the law in 2012 by describing the mandate penalty as a tax - something Congress has unquestioned authority to impose.

Healthcare, as a federal entitlement, has deeply divided the two major political parties, especially since Obamacare was first enacted in 2010.

But the same editorial noted that more is at stake than simply the tax question, while predicting the ruling would be overturned on appeal in the end. "The Republicans have no alternative to the Affordable Care Act, and they've been refusing up until this point to even sit down sit down (to discuss) improvements and changes", Durbin said.

Calling the ruling of a Texas federal judge, "awful, awful", New York Democratic Sen. "Over the last 8 years since it was signed into law, we have found out that the Democrats who passed it caused millions of families to lose the plans and doctors they liked, and imposed unaffordable premiums and deductibles that undermine the basic coverage that families enjoy".

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