Monday, 18 March, 2019

Court rules Obamacare is unconstitutional

U.S. President Donald Trump holds up a signed executive order on health care in the Roosevelt Room of the White House in Washington D.C. U.S. on Thursday Oct. 12 2017 Obamacare ruled unconstitutional by U.S. federal judge in Texas
Ben Pena | 17 December, 2018, 13:43

Judge Reed O'Connor agreed with them, declaring the mandate and Obamacare "inseverable and therefore invalid".

President Donald Trump promised to dismantle Barack Obama's landmark 2010 healthcare law, which was created to make medical cover affordable for the many Americans who had been priced out of the market.

Twenty republican state attorneys general filed the lawsuit earlier this year.

In June, the Justice Department declared the health care law's "individual mandate" unconstitutional in federal court. No matter how O'Connor ruled, legal experts have been forecasting that the Texas case would be appealed and could well place the law again before the high court, giving its conservative newest member, Justice Brett Kavanaugh, a first opportunity to take part. Trump tweeted. "Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions".

If the Supreme Court were to uphold O'Connor's ruling, it would go a long way toward dismantling Obamacare.

Majority Leader Kevin McCarthy of California, who will lead Republicans into the minority next year, said his party's concerns with the constitutionality of Obamacare were validated, though he echoed the president's call for a bipartisan replacement. States then argued that the entire basis for the health care act standing as constitutional is gone, meaning the entire law is unconstitutional.

But it will nearly certainly make its way to the Supreme Court, threatening the survival of the landmark health law and, with it, health coverage for millions of Americans, protections for people with pre-existing conditions and much more.

White House press secretary Sarah Huckabee Sanders said: "We expect this ruling will be appealed to the Supreme Court". The Supreme Court may or may not choose to hear the appeal, however.

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"There is no impact to current coverage or coverage in a 2019 plan", she said late on Friday.

A federal judge's ruling that the Obama health law is unconstitutional has landed like a stink bomb among Republicans, who've seen the politics of health care flip as Americans increasingly value the overhaul's core parts, including protections for pre-existing medical conditions and Medicaid for more low-income people.

"Now", she added in the statement, "the district court ruling in Republicans' lawsuit seeks to subvert the will of the American people and sow chaos in the final day of HealthCare.gov open enrollment".

"The GOP spent all past year pretending to support people with pre-existing conditions while quietly trying to remove that support in the courts", Senate Democratic leader Chuck Schumer of NY said in a tweet Saturday.

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.

They further argued that the whole health care law was no longer valid without the tax. Some 58% of Americans said they trust Democrats more to continue the law's provisions, compared to 26% who chose Republicans, according to a Kaiser Family Foundation election tracking poll released in mid-October.

The Republicans tried and failed to destroy the Affordable Care Act and protections for pre-existing conditions.

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