Obamacare ruled unconstitutional by Texas judge

[JRD77VET]

The Affordable Care Act, also known as Obamacare, was struck down by a Texas judge on Friday, a move that could suddenly disrupt the health insurance status of millions of Americans. The decision comes amid a six-week open enrollment period for the program.

Texas, along with 19 states, had argued to U.S. District Judge Reed O’Connor that they had been hurt by a jump in the amount of people utilizing state-backed insurance. When Congress cut the tax penalty from the program in 2017, the states claimed, it essentially undercut the Supreme Court’s reasoning for finding former President Barack Obama’s signature legislation constitutional in 2012.

“The remainder of the ACA is non-severable from the individual mandate, meaning that the Act must be invalidated in whole,” O’Connor wrote, according to Bloomberg.

"As I predicted all along, Obamacare has been struck down as an UNCONSTITUTIONAL disaster," President Trump tweeted following the ruling. "Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions. Mitch and Nancy, get it done!" In a second tweet, the president declared the ruling to be "great news for America!"

“Obamacare has been struck down by a highly respected judge," White House press secretary Sarah Sanders said in a statement.

"The judge’s decision vindicates President Trump’s position that Obamacare is unconstitutional," Sanders continued. "Once again, the President calls on Congress to replace Obamacare and act to protect people with preexisting conditions and provide Americans with quality affordable healthcare. We expect this ruling will be appealed to the Supreme Court. Pending the appeal process, the law remains in place.”

"The ruling seems to be based on faulty legal reasoning and hopefully it will be overturned," Senate Minority Leader Chuck Schumer, D-N.Y., tweeted. "Americans who care about working families must do all they can to prevent this district court ruling from becoming law."

https://www.foxnews.com/politics/oba...by-texas-judge

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[DAB]

[Bill]

Already being appealed by California, no doubt.

Edit: I wonder how Brett Kavanaugh feels about this?

Edit: Yup, CA is going to appeal.

https://www.zerohedge.com/news/2018-...al-texas-judge

[Millenium Vette]

From NBC News

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."

[Bill]

[Antfarmer2]

[mrvette]

Wonder if I can have my doctor/pill coverage back now....need dental too....

[Bill]