Texas Judge Strikes Down 2010 Health Law

Donald Trump,Obamacare,Obamacare overturned

A federal judge in Texas struck down on Friday (Dec 14) the entire Affordable Care Act on the grounds that its mandate requiring people to buy health insurance is unconstitutional and the rest of the law can not stand without it.

"While the district court's absurd ruling will be immediately appealed, Republicans are fully responsible for this cruel decision and for the fear they have struck into millions of families across America who are now in danger of losing their health coverage", House Minority Leader Nancy Pelosi, D-Calif., said in a statement.

A government spokesperson with the Centers for Medicare & Medicaid Services told Fox News the law would continue to operate as normal during the appeal process, decrying O'Connor's decision as not the "final word".

"Once again, the president calls on Congress to replace Obamacare and act to protect people with pre-existing conditions and provide Americans with quality affordable health care".

The case was pursued by Texas Attorney General Ken Paxton, who was joined by 20 Republican state attorneys general and governors. After Trump ordered the Justice Department to stop defending the health law, a coalition of ACA-supporting states took up the defence.

O'Connor is a conservative Republican and has previously blocked other policies implemented under President Barack Obama.

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

"This outrageous ruling threatens health coverage for millions of Americans".

Jost noted that in the 2012 case in which the Supreme Court upheld the ACA, a lower appeals court had found the individual mandate unlawful, but ruled it could be severed from the rest of the law.

Accordingly, O'Connor, a George W. Bush appointee, said "the individual mandate is unconstitutional" and the remaining provisions of the Affordable Care Act are invalid.

Polls consistently show strong public support for the ACA guarantee of coverage regardless of pre-existing health conditions - an issue Democrats used with great success in last month's midterm elections as they won control of the House of Representatives.

The decision came just before Saturday's deadline for enrollment in the program. This resolution would allow the House general counsel to defend the health care law on the chamber's behalf. Although Congress does not have the ability to require people to buy health insurance, or a vehicle, or a house, that particular provision was considered part of lawmakers' taxing authority.

Congress slashed the mandate's tax to zero, starting in 2019, as part of its tax-cut bill. Around 130 million people in the United States have pre-existing conditions, and without the ACA, insurers would no longer be required to cover those conditions.

The Supreme Court upheld the Affordable Care Act in 2012. And because the individual mandate is "inseverable" from the rest of the Affordable Care Act, O'Connor wrote, the law can not exist without it. "There's nobody in the Senate that I'm familiar with who is not in favor of coverage of pre-existing conditions".



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