Monday, 18 March, 2019

Texas Judge Strikes Down 2010 Health Law

BREAKING NOW: Federal Judge Rules 'ENTIRE' Affordable Care Act Unconstitutional US Federal Judge Rules Obamacare Unconstitutional
Ben Pena | 15 December, 2018, 06:21

A federal judge in Texas has ruled President Barack Obama's Affordable Care Act unconstitutional.

A federal judge in Texas on Friday ruled the entire Affordable Care Act is unconstitutional due to a recent change in federal tax law.

They claimed that when Congress repealed the tax penalty past year, it eliminated the U.S. Supreme Court's rationale for finding the ACA constitutional in 2012.

Supporters of the law immediately said they would appeal.

Ending the act would eliminate current protections for those with pre-existing conditions, such as pregnancy, arthritis and diabetes. Among other things, it's not clear why the states had standing to file their claim, and the argument that the entire ACA must fall because of the individual mandate's alleged infirmity is strained, to say the least, for reasons I outlined with Abbe Gluck in this NYT piece and

Lawyers for the Department of Justice had suggested that O'Connor should not rule until after the open enrollment period for the 2019 plan year ends on December 15 in order to avoid disrupting the markets. At the time, Chief Justice John Roberts wrote that "the Affordable Care Act's [ACA] requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax".

Legal expert Timothy Jost, a supporter of the health law, said O'Connor's ruling would have repercussions for almost all Americans if it stands.

The decision was a break with a long-standing executive branch practice of defending existing statutes in court.

Liverpool's defensive problems could open the door for Dubliner Conor Masterson
Virgil Van Dijk and Dejan Lovren now look set to start in defence in every match until Matip and Gomez return from injury. Other Liverpool players who are now on the sidelines due to injury include Joe Gomez and Nathaniel Clyne.

The decision throws the health insurance of as many as 20 million people into doubt.

White House press secretary Sarah Huckabee Sanders said: "We expect this ruling will be appealed to the Supreme Court".

In the letter to Congress, then-attorney general Jeff Sessions said that Justice was taking this position "with the approval of the president of the United States".

Democratic leaders, meanwhile, reacted harshly to the decision.

The Republican led House and Senate, under President Donald Trump, outlawed the individual mandate in the tax cut law previous year. 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.

Twenty Republican-led states brought the lawsuit.

However, California Attorney General Xavier Becarra said the decision would be appealed right away, Politico reported.

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