Post by Daniel on Dec 15, 2018 10:47:56 GMT -5
Judge Rules Obamacare Unconstitutional; Trump: 'Great News For America!'
ByJames Barrett
December 14, 2018
In a significant ruling Friday, a federal judge in Texas declared the Affordable Care Act, popularly known as Obamacare, to be unconstitutional in its entirety, citing a key change in the law implemented by Republicans in their big tax reform bill last year.
U.S. District Judge Reed O'Connor, a conservative George W. Bush-appointee, issued the ruling on the eve of the deadline for signing up for Obamacare coverage. His ruling is expected to be appealed, which means the conservative-majority Supreme Court, with newly appointed Justice Brett Kavanaugh, will have a chance to reassess the constitutionality of the law.
The lawsuit was brought by conservative Texas Attorney General Ken Paxton, 18 other Republican attorneys general, and one governor, the Denver Post reports. The plaintiffs argue that the law in its entirety is invalid because the removal of the penalty tax nullifies the argument used by Chief Justice John Roberts in 2012 upholding the law on the premise that the ACA is ultimately a tax and thus falls under the authority of Congress, which has "the power to impose taxes," in this case "on those without health insurance."
U.S. District Judge Reed O'Connor, a conservative George W. Bush-appointee, issued the ruling on the eve of the deadline for signing up for Obamacare coverage. His ruling is expected to be appealed, which means the conservative-majority Supreme Court, with newly appointed Justice Brett Kavanaugh, will have a chance to reassess the constitutionality of the law.
The lawsuit was brought by conservative Texas Attorney General Ken Paxton, 18 other Republican attorneys general, and one governor, the Denver Post reports. The plaintiffs argue that the law in its entirety is invalid because the removal of the penalty tax nullifies the argument used by Chief Justice John Roberts in 2012 upholding the law on the premise that the ACA is ultimately a tax and thus falls under the authority of Congress, which has "the power to impose taxes," in this case "on those without health insurance."
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