US judge rules Obamacare unconstitutional

US judge rules Obamacare unconstitutional

US judge rules Obamacare unconstitutional

In a statement, White House press secretary Sarah Sanders praised the ruling.

In NFIB (2012 Supreme Court Obamacare decision), the Supreme Court held the Individual Mandate was unconstitutional under the Interstate Commerce Clause but could fairly be read as an exercise of Congress's Tax Power because it triggered a tax. The decision is nearly certain to be appealed, but creates new uncertainty for the country's healthcare system.

"Once the heart of the ACA - the individual mandate - is declared unconstitutional, the remainder of the ACA must also fall", the lawsuit said.

California Attorney General Xavier Beckett, a longtime defender of the law, said the decision will be immediately appealed.

"The lawsuit had to do with whether when Congress previous year repealed or eliminated the penalty for not having insurance - it was a tax penalty for people who didn't have insurance - whether that meant the rest of the law didn't apply anymore".

In February, Attorney General Paxton and Wisconsin Attorney General Brad Schimel led a 20-state coalition lawsuit challenging the constitutionality of Obamacare, explaining that Congress rendered all of Obamacare unconstitutional by doing away with the tax penalty in Obamacare's individual mandate when it enacted President Trump's tax overhaul.

US Senate Democratic leader Chuck Schumer said: "If this very bad ruling is upheld in the higher courts, itwill be a disaster for tens of millions of American families". In addition to upholding the law in 2012, the court rejected another challenge to the law in 2015. The Affordable Care Act touched nearly every aspect of health care, from Medicare and Medicaid to generic biologic drugs, the Indian Health Service, and public health changes like calorie counts on menus. California and other states had intervened to defend the 2010 health care law after the Trump administration declined to defend its provisions that guarantee coverage for people with pre-existing conditions, arguing that those provisions can not be separated from the mandate. Frosh's case is State of Maryland v. A spokeswoman for Becerra said an appeal will be filed before January 1.

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Without that penatly, he wrote, "Obamacare" is unconstitutional. That is the day the tax penalty for not having insurance disappears. While the issue mostly played to the advantage of Democrats, one of the Republican plaintiffs, Missouri Attorney General Josh Hawley, defeated Democratic incumbent Sen. Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions.

The decision Friday finding the Affordable Care Act unconstitutional comes just before the end of a six-week open enrollment period for the program in 2019 and underscores a divide between Republicans who have long sought to invalidate the law and Democrats who fought to keep it in place.

Mr. Trump told Senate Majority Mitch McConnell and House Minority Leader Nancy Pelosi, poised to become speaker, to "get it done" in his tweets.

O'Connor's decision could set off a scramble in Congress, where some lawmakers want to step in to defend the decision.

"If this terrible ruling is upheld in the higher courts, it will be a disaster for tens of millions of American families, especially for people with pre-existing conditions", said Minority Leader Charles E. Schumer, D-N.Y. But the administration argued that many other parts of the law could be considered legally distinct and thus can continue.

Even some conservatives were left scratching their heads. Their popularity is one of the main reasons GOP lawmakers had such difficulty repealing Obamacare previous year.

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