The new ObamaCare ruling will be overturned and could backfire on Republicans

Henrietta Brewer
December 21, 2018

Gov. -elect Janet Mills has vowed to fight against a ruling from a federal judge in Texas that the Affordable Care Act is unconstitutional.

With uncertainly roiling sector shares, some sensed an opportunity and stepped in.

Judge O'Connor breezes past this like a liberal Ninth Circuit appeals judge handling a Donald Trump appeal.

The White House expects that the ruling will be appealed to the U.S. Supreme Court, but meanwhile, President Trump has called on Congress to replace the law that was signed by President Obama on March 23, 2010.

Gov-elect Janet Mills reminds Mainers that the Affordable Care Act remains the law of the land. Associated Press  Robert F. Bukaty
Gov-elect Janet Mills reminds Mainers that the Affordable Care Act remains the law of the land. Associated Press Robert F. Bukaty

U.S. District Judge Reed O'Connor in Fort Worth agreed with a coalition of Republican states led by Texas that he had to eviscerate the Affordable Care Act, the signature health care overhaul by President Barack Obama, after Congress previous year zeroed out a key provision - the tax penalty for not complying with the requirement to buy insurance.

The former president tried to be reassuring after a federal judge in Texas ruled the entire law unconstitutional on Friday night.

California Attorney General Xavier Becerra, one of the defending attorneys general, called the ruling an "assault on 133 million Americans with preexisting conditions". "In the short run, this decision will be stayed pending appeals. If a majority of the House and a majority of the Senate say that this case should be overturned, it'll have a tremendous effect on the appeal", Schumer said.

Pelosi said the ruling exposed "the monstrous endgame of Republicans' all-out assault on people with pre-existing conditions and Americans' access to affordable health care".

If O'Connor's ruling stands, it would deal a major blow to the US health care system.

The decision is nearly certain to be appealed all the way to the Supreme Court.

In his 55-page opinion, O'Connor writes that the individual mandate is unconstitutional, saying that it "can no longer be fairly read as an exercise of Congress' tax power."The judge also concludes that this insurance requirement "is essential to and inseverable from the remainder of the ACA".

O'Connor ruled on a lawsuit brought by Texas Attorney General Ken Paxton and supported by 18 other Republican attorneys generals, as well as Maine Gov. Paul LePage.

This would put Roberts in a potentially awkward spot.

IN was one of 20 states involved in the lawsuit that challenged the constitutionality of the Affordable Care Act. Since the 1790s, the federal courts have never had the authority to give legal advice; they are obliged constitutionally to decide genuine "cases or controversies" - actual, real-world lawsuits.

The court ruling came on the eve of the deadline for people to sign up for ACA coverage for 2019.

"It's something we should still pursue because affordability is a real problem for so many Americans who do not receive the subsidies under the Affordable Care Act because they make just a little more than 400 percent of the poverty rate", Collins said.

"#Republicans' legal crusade against the #AffordableCareAct is a political stunt, but a risky one that puts health coverage and vital health protections for millions of Americans at risk", Democratic Senator Sheldon Whitehouse tweeted Saturday.

Other reports by iNewsToday