Published: Sat, December 15, 2018
Medicine | By Ray Hunter

BREAKING NOW: Federal Judge Rules 'ENTIRE' Affordable Care Act Unconstitutional

BREAKING NOW: Federal Judge Rules 'ENTIRE' Affordable Care Act Unconstitutional

"A federal judge in Texas threw a dagger on Friday into the Affordable Care Act, ruling that the entire health-care law is unconstitutional because of a recent change in federal tax law", writes the Washington Post. We expect this ruling will be appealed to the Supreme Court.

Twenty Republican-led states, including Kansas, brought the lawsuit. The judgment could affect insurance coverage for millions of Americans, just before the end of a six-week open enrollment period for the program in 2019. Republicans who tried to undermine those safeguards during their failed effort to repeal the health law past year were forced on the defensive and went on record saying they, too, want to make sure people with health problems can get coverage.

California Attorney General Xavier Becerra's office said the state would appeal the ruling.

President Donald Trump tweeted, "As I predicted all along, Obamacare has been struck down as an UNCONSTITUTIONAL disaster!" It revolves around Congress effectively eliminating the individual mandate penalty by reducing it to $0 as part of the 2017 tax cut bill.

"Once the heart of the ACA - the individual mandate - is declared unconstitutional, the remainder of the ACA must also fall", the lawsuit said.

"If this very bad ruling is upheld in the higher courts, it will be a disaster for tens of millions of American families, especially for people with pre-existing conditions", said Minority Leader Charles E. Schumer, D-N.Y.

"Today's ruling enjoining Obamacare halts an unconstitutional exertion of federal power over the American health care system while our multistate coalition lawsuit works its way through the courts", Attorney General Paxton said.


While O'Connor's ruling marks an uncertain moment for the millions of people who rely on Obamacare for health insurance coverage, it won't immediately take effect. They don't need their own health insurance.

US Senate Democratic leader Chuck Schumer said: "If this very bad ruling is upheld in the higher courts, itwill be a disaster for tens of millions of American families".

Seema Verma, the administrator of the Centers for Medicare and Medicaid Services, told reporters in November that the administration had contingency plans in place for a ruling if the law was overturned, but declined to elaborate on them.

Because the administration would not defend the law, California, joined by 16 other Democratic states, stepped in. It agreed that the zeroing out the penalty renders the individual mandate unconstitutional but argued that that invalidates only the law's protections of those with pre-existing conditions.

The ACA can only stand as it was originally designed by Congress, O'Connor added, saying that lawmakers needed to have the penalty to force people to sign up for exchange insurance.

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

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