Affordable Care Act Can Stay In Effect While Under Appeal, Judge Says

Henrietta Brewer
January 3, 2019

U.S. District Court Judge Reed O'Connor, who struck down Obamacare earlier this month, issued an order on Sunday stating that the Affordable Care Act will remain in place during the appeal process, The Hill reported.

O'Connor ruled several weeks ago that Obamacare's individual mandate is unconstitutional, and since the mandate can not be separated from the rest of the law, the entire Affordable Care Act is also invalid, according to The Hill.

In a filing in U.S. District Court in Texas, Judge Reed O'Connor paused a December 14 ruling that declared President Barack Obama's signature health care law unconstitutional, saying "many everyday Americans" would face "great uncertainty" while the case winds through federal court.


Congressional Democrats also plan to appeal.

Still, the decision threw the future of health coverage for millions of Americans on the Obamacare exchanges and in Medicaid expansion into doubt.

Protesters rally on March 23, 2016, in support of the Affordable Care Act's contraceptive mandate. It also threatened to wipe away popular protections for those with pre-existing conditions, as well as measures that save money for senior citizens on Medicare, let children stay on their parents' policies until age 26 and allow many Americans to access free preventive tests and birth control.


O'Connor struck down former President Obama's signature health-insurance law on grounds that it became "invalid" when Congress voted a year ago to eliminate the tax penalty for anyone without coverage.

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.

Texas Attorney General Ken Paxton said in a statement that his state was eager to defend O'Connor's earlier ruling.


Other reports by iNewsToday

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