Federal judge strikes down Obamacare as unconstitutional

Federal judge strikes down Obamacare as unconstitutional

A federal judge in Texas on Friday ruled the entire Affordable Care Act is unconstitutional due to a recent change in federal tax law.

The Affordable Care Act was struck down by a Texas federal judge in a ruling that casts uncertainty on insurance coverage for millions of United States residents. This is a surprising result, and one that is hard to justify.

The White House applauded O'Connor's ruling, but said the law remains in place while appeals proceed. The ruling threatens the ObamaCare health exchanges and aspects of the Affordable Health Care law, including a ban on insurance companies' refusing to cover pre-existing conditions. The decision comes amid a six-week open enrollment period for the program. They trace their argument to the Supreme Court's 2012 ruling in which Chief Justice John Roberts Jr. wrote for the majority that the penalty the law created for Americans who do not carry health insurance is constitutional because Congress "does have the power to impose a tax on those without health insurance". Trump tweeted. "Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions". The TCJA (2017 tax law) eliminated that tax.

In a court brief and an accompanying letter to congressional leaders, the Justice Department did not go that far.

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Congress passed legislation earlier this year creating a $60 billion global development agency, widely viewed as a response to Chinese overseas development programs.

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

The Republican led House and Senate, under President Donald Trump, outlawed the individual mandate in the tax cut law past year.

Legal expert Timothy Jost, a supporter of the health law, said O'Connor's ruling would have repercussions for almost all Americans if it stands. Currently, about 10 million have subsidized private insurance through the health law's insurance markets, while an estimated 12 million low-income people are covered through its Medicaid expansion.

However, California Attorney General Xavier Becarra said the decision would be appealed right away, Politico reported. Republicans who tried to undermine those safeguards during their failed effort to repeal the health law a year ago were forced on the defensive and went on record saying they, too, want to make sure people with health problems can get coverage. In Wisconsin, an incoming Democratic attorney general, Josh Kaul, campaigned on a promise to withdraw the state from the lawsuit, but Wisconsin's Republican legislature and outgoing Gov. Scott Walker, R, have tried in a lameduck session to block his ability to do that.

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