Obamacare to remain in effect during appeal

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That's according to a federal judge in Texas who recently declared the Affordable Care Act unconstitutional.

In issuing his order, O'Connor said he made the decision "because many everyday Americans would otherwise face great uncertainty during the pendency of appeal", Bloomberg reported.

O'Connor's initial 55-page ruling issued December 14 found that last year's congressional action eliminating the penalty imposed by the ACA's individual mandate made the whole law unconstitutional.

"If the judicial power encompasses ignoring unambiguous enacted text-the text citizens read to know what their representatives have done-to approximate what a judge believes Congress meant to do, but did not, then policymaking lies in the hands of unelected judges and Congress may transfer politically unwinnable issues to the bench", O'Connor said.

In the order he issued on Sunday, O'Connor expressed confidence that the appellate bench will concur with his decision that the individual mandate can't be separated from the rest of the law.

The 17 state attorneys general defending the ACA in lieu of the DOJ, which announced in June it would not defend the ACA, said O'Connor's decision lacked clarity, and filed an expedited motion seeking to continue the defense of the ACA.

California Attorney General Xavier Becerra, one of the defending attorneys general, has called the ruling an "assault on 133 million Americans with preexisting conditions".

"We have no quarrel with the district court's stay, which provides the states with an opportunity to develop plans to address the health care needs of their residents for the day this ruling is ultimately upheld", he said late Sunday. The Republican President, Donald Trump had failed several times past year with the attempt, Obamacare should be abolished. O'Connor's decision said the demise of the mandate rendered the entire law invalid because it could not be severed from the mandate.



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