Published: Sat, December 15, 2018
Medicine | By Tracy Klein

BREAKING NOW: Federal Judge Rules 'ENTIRE' Affordable Care Act Unconstitutional

BREAKING NOW: Federal Judge Rules 'ENTIRE' Affordable Care Act Unconstitutional

They claimed that when Congress repealed the tax penalty a year ago, it eliminated the U.S. Supreme Court's rationale for finding the ACA constitutional in 2012.

A federal Fort Worth judge filed a decision in a national Obamacare ruling on Friday, casting doubt on coverage for millions of Americans.

"The court recognized that the individual mandate penalty is unconstitutional, found that the entirety of the act could not be separated from the individual mandate penalty, and as a result, entered a judgment that the entirety of the affordable care act is invalid", Henneke said in an interview with the Star-Telegram on Friday.

The district court ruling does not necessarily mean the law is officially null, however. The rest of the law can not be separated from that provision and is therefore invalid, he wrote.

Judge O'Connor ruled that, therefore, the mandate without a tax penalty attached was unconstitutional, and so too the rest of the law.

"The remainder of the ACA is non-severable from the individual mandate, meaning that the Act must be invalidated in whole", wrote O'Connor in his 55-page opinion, Bloomberg reports. We can not go back to the days when insurance companies regularly denied coverage for people who are sick. In any case, it looks like Obamacare's future will once again depend on the courts.

House Majority Whip Steve Scalise boasted his chamber passed a law to replace Obamacare in May 2017, however, leaving the situation in chaos.

Republicans have opposed the 2010 law, the signature domestic policy achievement of President Donald Trump's Democratic predecessor Barack Obama, since its inception and have repeatedly tried and failed to repeal it.

In the decision, O'Connor denied the proposed injunction but agreed with Paxton and the plaintiffs that the act is unconstitutional.

In oral arguments in September, a lawyer for California said that the harm from striking down the law would be "devastating" and that more than 20 million Americans were able to gain health insurance under it.

He also noted that all nine Supreme Court justices who weighed in on the law said the individual mandate and the pre-existing conditions coverage protections, guaranteed issue and community ratings provisions could not be severed.

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

In Virginia, they're expanding Medicaid, so you have got tens of thousands, more than 100,000 people who were getting ACA coverage who will now be able to get Medicaid. 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".

He had led an effort to intervene the challenge of the health care law.

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