Monday, 18 March, 2019

Obamacare Is Ruled Unconstitutional by a Federal Judge -- What Now?

Win for Donald Trump US judge rules against Obamacare Donald Trump US President and Nancy Pelosi House Speaker-designate and Democrat
Ben Pena | 17 December, 2018, 16:55

U.S. District Judge Reed O'Connor in Fort Worth agreed with a coalition of Republican states led by Texas that the Affordable Care Act, the signature health-care overhaul by President Barack Obama, needed to be eviscerated after Congress past year zeroed out a key provision - the tax penalty for not complying with the requirement to buy insurance.

"When Trump says this is 'great for America, ' he's forgetting the health care driven whipping Republicans got in the midterms", said Andy Slavitt, who oversaw Obamacare implementation in the Obama administration.

New Yorkmagazine journalist David Freedlanderportrayedthe attack on the ACA as a sign that Republican courts would also likely immediately try to dismantle the bolder, more progressive Medicare for All law should it be passed. Health care was the top issue for about one-fourth of voters in the November election, ahead of immigration and jobs and the economy, according to VoteCast, a nationwide survey for the Associated Press. John McCain voted against it.

Trump praised the decision Saturday.

Gasch is now on the Affordable Care Act and is also a member of citizen action, an organization that educates people on health care and the Affordable Care Act.

If the case were to reach the Supreme Court it would mark the third time the justices consider a challenge to fundamental provisions of the law. He did not issue an injunction, however, and the law remains in place pending appeal.

Judge Reed agreed, writing the penalty can no longer be fairly read as an exercise of Congress' tax power. "If a party shows that a policymaker exceeded the authority granted it by the Constitution, the fruit of that unauthorized action can not stand".

"The remainder of the ACA is non-severable from the individual mandate, meaning that the Act must be invalidated in whole", O'Connor, whose District Court is based in Texas, wrote in his a 55-page opinion, cited by Bloomberg.

His remarks come after a federal judge ruled that the Obama health law is unconstitutional.

The judge's ruling, she said, flouts settled legal doctrine and places key acts of Congress in reverse order.

José Mourinho: My players gave everything, but couldn't cope with Liverpool's physicality
This was the gift every Red wanted. "Honestly, I'm focused on my job of next week playing Cardiff, and I'm more focused on that". Liverpool versus Manchester City is what matters. " United need to reset; it's not just the manager, it's deeper than that".

The response from Democrats was immediate and forceful as well.

"Today's ruling is an assault on 133 million Americans with preexisting conditions, on the 20 million Americans who rely on the ACA for healthcare, and on America's faithful progress toward affordable healthcare for all Americans", said California Attorney General Xavier Becerra.

"You might have heard about a federal court decision on a Republican lawsuit trying to strike down the Affordable Care Act in its entirety".

She vowed that when Democrats take control of the House in January, lawmakers "will move swiftly to formally intervene in the appeals process" to uphold Obamacare.

"I think what [Schumer] was saying is Congress should tell the circuit court what to do". The final day for Obamacare signups in many states is Saturday.

If the appeals court - and Supreme Court - uphold Friday night's ruling, it could translate into an abrupt and disruptive turn in the health care of millions of Americans.

Total enrollment is on track to be lower than in previous years, which many critics have credited to efforts by the Trump administration to promote alternatives to the law or cut back on its promotion.

He said because the individual mandate was an "essential" part of Obamacare, the entire law, rather than just the individual mandate, was unconstitutional.

Although the future of the act is in jeopardy, many people in Dallas signed up for Obamacare before the deadline.

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