Obamacare has been struck down as unconstitutional by a Texas judge. It’s explained succinctly here.
In 2017, the President shot down the clause — the individual mandate — that made Americans pay a penalty if they did not purchase/have health insurance. It was the underpinning of the law’s constitutionality and the reason that Chief Justice Roberts declared it constitutional. Roberts said the penalty was a tax and Congress can levy taxes.
After the individual mandate was eliminated in tax legislation signed by the President, 19 attorneys general and a governor filed a lawsuit claiming the law was no longer constitutional. They won when a Texas judge ruled with them on Friday.
CBS This Morning put up a clip that explains it fully and succinctly:
Late Friday night, a federal judge ruled the Affordable Care Act is unconstitutional. Supporters of Obamacare are promising to appeal the decision. They’re concerned the ruling could strip coverage from millions of Americans with pre-existing conditions.@KCraigTV reports: pic.twitter.com/S0SIMJBZDi
— CBS This Morning (@CBSThisMorning) December 15, 2018
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GOVERNMENT COULD FORCE AMERICANS TO BUY ANYTHING
The biggest problem many constitutionalists had with Obamacare was the fact that Congress gave government — itself — the power to order Americans to buy health insurance with a so-called tax. It set a precedent that the government can force Americans to buy anything it chooses.
THE STORY
The Affordable Care Act, aka Obamacare, was struck down by Texas Judge Reed O’Connor on Friday, during the six-week enrollment period, which ends this Saturday. He ruled the law cannot stand on the grounds that its mandate requiring people to buy health insurance is unconstitutional and the rest of the law cannot stand without it.
The NY Times reports:
The ruling was on a lawsuit filed this year by a group of Republican governors and state attorneys general. A group of intervening states led by Democrats promised to appeal the decision, which will most likely not have any immediate effect. But it will almost certainly make its way to the Supreme Court, threatening the survival of the landmark health law and, with it, health coverage for millions of Americans, protections for people with pre-existing conditions and much more.
In his ruling on Friday, Judge Reed O’Connor of the Federal District Court in Fort Worth said that the individual mandate requiring people to have health insurance “can no longer be sustained as an exercise of Congress’s tax power.”
Accordingly, Judge O’Connor, a George W. Bush appointee said that “the individual mandate is unconstitutional” and the remaining provisions of the Affordable Care Act are invalid.
The NY Times is disingenuous in their reporting. The GOP has no interest in taking away protections for those with pre-existing conditions.
THE PRESIDENT RESPONDS
The President tweeted, 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!
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!
— Donald J. Trump (@realDonaldTrump) December 15, 2018
Wow, but not surprisingly, ObamaCare was just ruled UNCONSTITUTIONAL by a highly respected judge in Texas. Great news for America!
— Donald J. Trump (@realDonaldTrump) December 15, 2018
The future of Obamacare is in jeopardy.
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