Published: Mon, December 17, 2018
Medicine | By Tracy Klein

United States judge rules Obamacare unconstitutional, Democrats vow to appeal

United States judge rules Obamacare unconstitutional, Democrats vow to appeal

Late on Friday, in a ruling that stunned the healthcare industry, a federal judge in Texas decided that the Affordable Care Act, as it is officially known, was unconstitutional.

Susan Collins (R-ME), CNN's Jake Tapper asked whether the senator agreed with President Donald Trump, who called O'Connor's ruling "great".

"Nearly a decade of constant and cynical assault on what was supposed to be a compromise bill has pushed the Democratic Party left on health care policy, and persuaded Democrats everywhere that trying to compromise or placate Republicans is foolish", wrote Klein.

His appeal came a day after a Texas judge struck down the former president's signature legislation as unconstitutional. Instead, the decision will proceed on appeal, and will nearly certainly end up at the Supreme Court once again, this time without the tax fig leaf. "The judge's decision vindicates President Trump's position that Obamacare is unconstitutional", Sanders said in a White House statement.

Obama signed the Affordable Care Act in 2010, and most of the provisions took effect in 2014.

"We know what Congress' intent was in 2017 - that was to pull the individual mandate while keeping the rest of ACA intact", University of MI law professor Nicholas Bagley said.

The judge did not issue any injunction in the case, meaning that in the short term, nothing will change in health-care services or insurance while the courts consider the issue.

Judge O'Connor filled the plaintiffs' stockings: He held that the individual mandate could "no longer be fairly read as an exercise of Congress's Tax Power" because Congress nullified its revenue raising potential by reducing the individual shared responsibility penalty amount to zero. "If a party shows that a policymaker exceeded the authority granted it by the Constitution, the fruit of that unauthorized action can not stand".

Judge O'Connor disagreed. He said Chief Justice John G. Roberts Jr. was clear in his 2012 opinion that tethered the law's benefits to a revenue-collecting tax, even if Republican tax reformers didn't set out to kill the entire health care law.

SOPA Images via Getty Images Senate Minority Leader Chuck Schumer (D-N.Y.) is urging Congress to say Friday's Affordable Care Act ruling should be overturned.

The response from Democrats was immediate and forceful as well. And that's why it's so important for you to know that last night's ruling changes nothing for now. "If you're going to take away the Affordable Care Act, how will you protect the millions of people now using it for health insurance for their family?"

President Donald Trump on Saturday hailed a court decision against Obamacare as "a great ruling for our country", while a USA government official said the decision by a Texas judge would have no immediate impact on health coverage.

Pelosi is expected to take over as House speaker in January when Democrats regain control of the House in the wake of the midterm elections.

"The ruling seems to be based on faulty legal reasoning and hopefully it will be overturned". In addition to upholding the law in 2012, the court rejected another challenge to the law in 2015.

The political and legal fights surrounding the ACA tend to focus on the mandate and the requirement that insurance companies provide coverage to people with preexisting medical conditions. "The people who raised it are a bunch of guys who don't have serious election issues, mostly from states where saber-rattling against the ACA is fine".

Nicholas Bagley, a professor at University of Michigan Law School, said he doubts the case will make it to the Supreme Court.

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