Texas judge dismantles Obamacare, ruling individual mandate unconstitutional

15 December, 2018, 08:02 | Author: Israel Montgomery
  • Texas judge dismantles Obamacare ruling individual mandate unconstitutional

If appealed, the decision would still need to go through the Fifth Circuit Court of Appeals and the Supreme Court.

Congress slashed the mandate's tax to zero, starting in 2019, as part of its tax-cut bill. They claimed that when Congress repealed the tax penalty past year, it eliminated the US Supreme Court's rationale for finding the ACA constitutional in 2012.

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.

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. 'The Individual Mandate is essential to and inseverable from the remainder of the ACA'. The states said the rest of the law should fall with it, including protections for people with preexisting medical conditions like cancer or diabetes.

The law includes provisions that provide subsidies that help people buy coverage, its expansion of Medicaid to millions of low income people, and its protections that let people with pre-existing conditions buy insurance.

A conservative federal judge in Texas on Friday ruled the Affordable Care Act "invalid" on the eve of the sign-up deadline for next year.

White House press secretary Sarah Huckabee Sanders issued a statement saying: "We expect this ruling will be appealed to the Supreme Court". There is no reason to not sign up while the implications of the judge's ruling are tested. The Trump administration refused to defend the law, but only asked Judge O'Connor to toss the individual mandate.

More news: Trump announces John Kelly is leaving

"We'll continue to fight in court for New Yorkers and all Americans", she said on Twitter.

Judge O'Connor acknowledged that health care is a "politically charged affair - inflaming emotions and testing civility".

President Donald Trump hailed the ruling, tweeting: "As I predicted all along, Obamacare has been struck down as an UNCONSTITUTIONAL disaster!"

House Majority Whip Steve Scalise boasted his chamber passed a law to replace Obamacare in May 2017, however, leaving the situation in chaos.

They further argued that the whole health care law was no longer valid without the tax.

California and Democratic officials in 14 states, along with the District of Columbia, won permission to defend ACA in the Fort Worth case when the Trump administration sided with the states seeking to dismantle it.

Information cards displayed during an Affordable Care Act enrollment event in San Antonio, Texas, in 2016. And the ban on excluding pre-existing conditions from coverage meant that insurers can not refuse to pay for treatments because of a policyholder's medical background.

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