Obamacare spiked by federal judge in Texas


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

Paxton says President Donald Trump's tax plan previous year made the Affordable Care Act unconstitutional because it did away with the tax penalty levied on those who didn't have insurance. This is a surprising result, and one that is hard to justify. It is, in many respects, the conservative equivalent of so-called #Resistance judicial opinions that have embraced questionable legal arguments deployed to subvert objecitonable Trump Administration policies.

With the mandate's repeal, the U.S. Supreme Court's 2012 ruling that Obamacare was constitutional could no longer be considered valid.

The attorney for the suit, Robert Henneke, said the Affordable Care Act is no longer legal because Congress deleted the individual mandate in the GOP's tax bill a year ago. The decision comes amid a six-week open enrollment period for the program.

"The court recognized that the individual mandate penalty is unconstitutional, found that the entirety of the act could not be separated from the individual mandate penalty, and as a result, entered a judgment that the entirety of the affordable care act is invalid", Henneke said in an interview with the Star-Telegram on Friday.

The district court ruling does not necessarily mean the law is officially null, however. The Supreme Court may or may not choose to hear the appeal, however. They contended that overturning the law would throw millions off health insurance rolls by reversing Medicaid expansion, ending tax credits that help people and empowering insurers to once again deny coverage based on pre-existing conditions.

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The judge ruled that the law's individual mandate violates the Constitution and therefore the entire ACA violates the Constitution.

President Trump, who lambasted his own party for failing to repeal and replace the law as promised, applauded the decision.

Democratic leaders, meanwhile, reacted harshly to the decision.

In Texas alone, there are more than 4.5 million "nonelderly adults" with pre-existing conditions that could make it hard for them to get health insurance if Obamacare went away, statistics show.

Congress slashed the mandate's tax to zero, starting in 2019, as part of its tax-cut bill. "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".

Twenty Republican-led states brought the lawsuit.