Federal Judge In Texas Rules Obamacare To Be Unconstitutional, Next Stop Supreme Court For Affordable Care Act

by Geoffrey Grider

U.S. District Judge Reed O’Connor in Fort Worth sided with the argument put forward by a coalition of Republican-leaning states, led by Texas, that Obamacare could no longer stand now that there’s no penalty for Americans who don’t buy insurance. The U.S. Supreme Court had upheld the law in 2012, by classifying the legislation as a tax. But since Congress removed the individual mandate in 2017, O’Connor ruled, there’s no way the ACA can be allowed to stand.

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A federal judge in Texas struck down the Affordable Care Act on Friday night, ruling that former President Barack Obama’s signature domestic legislation has fallen down like a losing game of “Jenga.” But the White House said that with the ruling expected to be appealed to the U.S. Supreme Court, the law will remains in place for now.

The Trump Train, despite opposition from every quarter, continues to roll on straight ahead and at full speed. Federal judge Reed O’Connor handed the president an enormous victory, one that has stunned the Democrats because it was so unexpected and swift.

Federal judge in Texas strikes down Affordable Care Act

FROM NBC NEWS: U.S. District Judge Reed O’Connor in Fort Worth sided with the argument put forward by a coalition of Republican-leaning states, led by Texas, that Obamacare could no longer stand now that there’s no penalty for Americans who don’t buy insurance.

The U.S. Supreme Court had upheld the law in 2012, by classifying the legislation as a tax. But since Congress removed the individual mandate in 2017, O’Connor ruled, there’s no way the ACA can be allowed to stand.

“The 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,” O’Connor wrote. “The Individual Mandate is essential to and inseverable from the remainder of the ACA.”

Without the system being upheld by a wide pool of mandated participants, the ACA cannot stand, O’Connor ruled.

“Without it, Congress and the Supreme Court have stated, the architectural design fails,” according to O’Connor. “It is like watching a slow game of Jenga, each party poking at a different provision to see if the ACA falls.”

PRESIDENT DONALD TRUMP TWEETED HIS APPROVAL OF THE RULING FRIDAY NIGHT.

“Wow, but not surprisingly, ObamaCare was just ruled UNCONSTITUTIONAL by a highly respected judge in Texas. Great news for America!” he wrote.

“As I predicted all along, Obamacare has been struck down as an UNCONSTITUTIONAL disaster! Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions. Mitch and Nancy, get it done!” Trump wrote.

Senate Minority Leader Chuck Schumer called it an “awful ruling” and said that if it is upheld in higher court, “it will be a disaster for tens of millions of American families, especially for people with pre-existing conditions.” READ MORE

Donald Trump is Finished | Super Deluxe Super Cuts

 

 

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