A US federal judge in Texas has ruled the Affordable Care Act \u2013 also known as \u201cObamacare\u201d \u2013 is unconstitutional.<\/b>
\nBy Associated Press Reporters
December 15 2018 8:20 AM
A US federal judge in Texas has ruled the Affordable Care Act \u2013 also known as \u201cObamacare\u201d \u2013 is unconstitutional.
In a 55-page opinion, US District Judge Reed O\u2019Connor ruled that last year\u2019s tax cut bill knocked the constitutional foundation from under \u201cObamacare\u201d by eliminating a penalty for not having coverage.
The rest of the law cannot be separated from that provision and is therefore invalid, he wrote.
Supporters of the law immediately said they would appeal.
\u201cToday\u2019s misguided ruling will not deter us: our coalition will continue to fight in court for the health and wellbeing of all Americans,\u201d said California Attorney General Xavier Becerra, who is leading a coalition of states defending the Affordable Care Act (ACA).
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!
The White House applauded Mr O\u2019Connor\u2019s ruling, but said the law remains in place while appeals proceed.
President Donald Trump tweeted that Congress should pass a new law.
\u201cAs I predicted all along, Obamacare has been struck down as an UNCONSTITUTIONAL disaster!\u201d Mr Trump tweeted.
\u201cNow Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions.\u201d
Wow, but not surprisingly, ObamaCare was just ruled UNCONSTITUTIONAL by a highly respected judge in Texas. Great news for America!
However, Congress is unlikely to act while the case remains in the courts.
Numerous high-ranking Republican politicians have said they did not intend to also strike down popular provisions such as protection for people with pre-existing medical conditions when they repealed the ACA\u2019s fines for people who can afford coverage but remain uninsured.
Still, Democratic Representative Nancy Pelosi, who is expected to become House speaker in January, vowed to fight what she called an \u201cabsurd ruling\u201d.
She said the House \u201cwill move swiftly to formally intervene in the appeals process to uphold the life-saving protections for people with pre-existing conditions and reject Republicans\u2019 effort to destroy the Affordable Care Act\u201d.
White House press secretary Sarah Huckabee Sanders said: \u201cWe expect this ruling will be appealed to the Supreme Court. Pending the appeal process, the law remains in place.\u201d
Legal expert Timothy Jost, a supporter of the health law, said Mr O\u2019Connor\u2019s ruling would have repercussions for nearly all Americans if it stands.
If the entire health law is invalidated, popular provisions that benefit Medicare beneficiaries and people with employer coverage would also be scrapped. That could include the section that allows parents to keep young adult children on their coverage until age 26.
About 20 million people have gained health insurance coverage since the ACA passed in 2010 without a single Republican vote.
Currently, about 10 million have subsidised private insurance through the health law\u2019s insurance markets, while an estimated 12 million low-income people are covered through its Medicaid expansion.
Saturday is the sign-up deadline for 2019 private plans. Meanwhile, a number of states are expected to move forward with Medicaid expansion after Democratic victories in the midterm elections.
If the case were to reach the Supreme Court it would mark the third time the justices consider a challenge to fundamental provisions of the law.
\u201cObamacare\u201d opponents lost both the first two cases.
The five justices who upheld the health law in 2012 in the first major case \u2014 Chief Justice John Roberts and the court\u2019s four liberals \u2014 are all still serving.
Press Association
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