Federal judge rules Affordable Care Act unconstitutional

Federal judge rules Affordable Care Act unconstitutional

A big one, of course, is that Congress previous year repealed what's called the mandate penalty, so if you don't have health insurance, you will no longer have to pay a tax penalty for not having it, although a lot of people actually don't even know that.

A federal Fort Worth judge filed a decision in a national Obamacare ruling on Friday, casting doubt on coverage for millions of Americans.

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

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The Supreme Court upheld that part of the law in 2012, ruling it fell in line with Congress' power to levy taxes. "Today's misguided ruling will not deter us: our coalition will continue to fight in court for the health and wellbeing of all Americans", said California Attorney General Xavier Becerra, who is leading a coalition of states defending the ACA. "Further, the Court declares the remaining provisions of the ACA are INSEVERABLE and therefore INVALID".

Twenty Republican state attorneys general initially sued the Trump administration to invalidate the entire law in February, citing Chief Justice John Roberts' opinion. The decision is nearly certain to be appealed all the way to the Supreme Court.

"Once the heart of the ACA - the individual mandate - is declared unconstitutional, the remainder of the ACA must also fall", the lawsuit said. Bloomberg has more, with the publication adding that the DOJ tried to argue that the individual mandate, including provisions to keep the premium rates the same among healthy individuals and those with pre-existing conditions, should be struck down, but keep the rest of the law intact. We can not go back to the days when insurance companies regularly denied coverage for people who are sick.

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Shortly afterwards, President Trump tweeted, "As I predicted all along, Obamacare has been struck down as an UNCONSTITUTIONAL disaster!" "Our lawsuit seeks to effectively repeal Obamacare, which will give President Trump and Congress the opportunity to replace the failed social experiment with a plan that ensures Texans and all Americans will again have greater choice about what health coverage they need and who will be their doctor". The decision is nearly certain to be appealed all the way to the Supreme Court.

He followed that missive with another celebratory tweet, demanding that House Speaker-Designate Nancy Pelosi (D-Calif.) and Senate Majority Leader Mitch McConnell (R-Ky.) immediately work on replacement legislation that will protect pre-existing conditions and provide great health care. The conservative judge had previously ruled against other Obama-era policies. Republicans who tried to undermine those safeguards during their failed effort to repeal the health law previous year were forced on the defensive and went on record saying they, too, want to make sure people with health problems can get coverage.

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