Published: Sun, December 16, 2018
Medicine | By Tracy Klein

A Texas Federal Judge Ruled That The Affordable Care Act is Unconstitutional

A Texas Federal Judge Ruled That The Affordable Care Act is Unconstitutional

President Trump takes to Twitter, praising the decision by a federal judge to rule Obamacare unconstitutional in the state of Texas. "Pending the appeal process, the law remains in place", the statement said. Trump tweeted. "Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions".

Trump lost no time in tweeting his delight at the court's ruling on a complaint brought by several Republican attorneys general and two Republican governors.

That prompted a coalition of 16 states and the District of Columbia, led by California, to intervene and defend the law.

A Texas federal judge has struck down the Affordable Care Act, ruling it cannot be classed as a tax without a penalty for those who don't buy health insurance.

But despite his Republicans having majorities in both the House of Representatives and the Senate, the ACA is still operating.

But Republicans, still stinging from their loss of the House in the midterm elections, are facing a fresh political quandary after U.S. District Judge Reed O'Connor said the entire 2010 health law was invalid. In his ruling he wrote, "Individual Mandate can no longer be fairly read as an exercise of Congress's Tax Power and is still impermissible under the Interstate Commerce Clause-meaning the Individual Mandate is unconstitutional".

As a result, he ruled that the individual mandate is unconstitutional. Many senior Republican lawmakers have said they did not plan to also strike down provisions such as pre-existing condition coverage when they repealed the law's fines for people who can afford coverage but remain uninsured.

Trump ‘pleased’ Democrats working with Republicans on Obama Care deal
Trump ‘pleased’ Democrats working with Republicans on Obama Care deal

"The GOP spent all previous 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. This resolution would allow the House general counsel to defend the health care law on the chamber's behalf.

A year ago, Trump signed a $1.5 trillion tax bill that included a provision eliminating the individual mandate.

The ruling throws a wrench into the plans of people who rely on Obamacare - or who have uncertain insurance coverage and a pre-existing condition.

Douglas Holtz-Eakin, top policy adviser to Republican John McCain's 2008 presidential campaign, said he was struck by the relative silence from top Republicans after the ruling issued.

Despite the ruling, the Affordable Care Act is still operating, and people can still register for care until the end of the day today.

At issue was the individual mandate, the provision in Obamacare that requires everyone to have health insurance or face a penalty in the form of a tax. If you have a pre-existing condition, you could be denied insurance or have to pay more for your coverage. Justice officials contended that, once the insurance mandate's penalty is gone next month, that move will invalidate the ACA's consumer protections, such as its ban on charging more or refusing to cover people with preexisting medical conditions.

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