Texas judge dismantles Obamacare, ruling individual mandate unconstitutional

15 December, 2018, 08:02 | Author: Stuart Potter
  • Obamacare

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

A coalition of 20 states argued the entire law had been invalidated by a change in tax rules previous year which eliminated a penalty for not having health insurance.

"The Court ... declares the Individual Mandate ... unconstitutional", District Judge Reed O'Connor wrote in his decision.

California Attorney General Xavier Becerra, who led the team of Democratic state attorneys general defending Obamacare in Texas, called O'Connor's ruling "misguided" and an "assault" on Americans.

The decision throws the fate of the Affordable Care Act into question just one day before open enrollment for 2019 closes.

"Perhaps it is impossible to know which minor provisions Congress would have passed absent the individual mandate", O'Connor wrote.

"There is nothing more American than ensuring that every citizen has access to the lifesaving and necessary health care they need".

Lakers Trying to Acquire Suns' Trevor Ariza
The Los Angeles Lakers are engaged in talks trying to acquire Phoenix Suns forward Trevor Ariza , league sources told ESPN. As per Wojnarowski's report, Phoenix is looking to acquire a playmaking guard and a draft asset from this deal.

The White House hailed Friday's ruling, but said the law would remain in place pending its expected appeal to the Supreme Court.

"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.

Obamacare is fatally flawed and should be considered null and void, a federal judge said Friday in a bombshell ruling that sides with state Republicans who argue the GOP-led Congress' decision to gut the "individual mandate" penalty for going uninsured makes the rest of the program invalid.

"Once the heart of the ACA - the individual mandate - is declared unconstitutional, the remainder of the ACA must also fall", the lawsuit said. There is no reason to not sign up while the implications of the judge's ruling are tested.

Although Democratic attorneys general, lawmakers, and policy analysts have repeatedly maintained that the TCJA zeroed out the penalty rather than eliminated it, O'Connor disagreed.

"When House Democrats take the gavel, the House of Representatives will move swiftly to formally intervene in the appeals process to uphold the life-saving protections for people with pre-existing conditions and reject Republicans' effort to destroy the Affordable Care Act", Mrs. Pelosi said. "It will destabilize health insurance coverage by rolling back federal policy to 2009". Three-quarters of Americans say that it is "very important" for the law to continue prohibiting health insurers from denying coverage because of medical histories, according to the Kaiser Family Foundation's September tracking poll - 58% of Republicans feel the same way.

Paxton says President Donald Trump's tax plan a year ago made the Affordable Care Act unconstitutional because it did away with the tax penalty levied on those who didn't have insurance.

Recommended:



Popular

FAIR: It's do or die for Trump and his border wall
President, if you say Mexico is going to pay for the wall through NAFTA, which it certainly won't, then I guess we don't have to". Both Mexican President Andres Manuel Lopez Obrado and his predecessor, Enrique Pena Nieto, have vehemently refused to do so.

Feds Agreed Not To Pursue National Enquirer Parent Over Trump Hush Money
American Media Inc. - which owns the pro-Trump National Enquirer tabloid - was given a non-prosecution agreement by the U.S. Trump has denied the affairs and argues the payments to the two women were not campaign contributions.

Border Patrol arrests 32 at San Diego demonstration
Specifically, the group asked US immigration officials to admit up to 300 asylum seekers at the San Ysidro Port of Entry each day. They were handcuffed and led away by federal agents once they entered a restricted area in front of the fence.

Raiders without a home for 2019
The Raiders moved back to Oakland in 1995 after leaving the city for Los Angeles, where they had a 13-year stint from 1982-1994. Other options home for the Raiders in 2019 include San Diego, Reno and moving to Vegas one year early.

China summons US ambassador after Huawei CFO arrest
The Globe and Mail newspaper, citing law enforcement sources, reported she is suspected of trying to evade US sanctions on Iran. Barred from use by US government agencies and contractors, they are mostly locked out of the American market.

Sterling praised for standing up against racism, Latest Football News
Use them as an example of why respect in football ought to be universal, for players of every team and every skin colour. I really do credit Raheem for coming out and standing up for himself and other players and speaking about it.

Doug Pederson on the prospects of hiring ex-Vikings OC John DeFilippo
The most important aspect, to me, of Stefanski's experience, came under Shurmur last season. The Vikings lost to the Seahawks 7-21 Monday evening, and were almost shut out.

Winter Storm Sweeps South, Causing 300,000+ Power Outages, 1,500 Canceled Flights
Along and north of the I-85 corridor, including the Triad region and Roxboro: Storm Total Snow accumulation of 6 to 12 inches. Cooper said emergency crews, including the National Guard, worked overnight to clear traffic accidents on major roadways.

US President claims Paris protesters chanted ‘We Want Trump’
Some protesters sang the French national anthem - "The Marseillaise" - as they confronted phalanxes of police in heavy riot gear. Shops, museums, the Eiffel Tower and many metro stations were closed as much of the city-centre went on effective lockdown.

France cancels fuel tax hikes amid protests
On Saturday, French police cracked down on protesters around the famous Champs-Elysees in Paris with tear gas and water cannons. Prime Minister Eduoard Philippe announced that three other fuel tax plans would be frozen to ease tensions.