That by a Federal judge in Texas…..
The ruling is guaranteed to be appealed….
Neither political party wants the law, in its entirety, thrown out despite the previous Republicans repeal efforts….
A federal judge in Texas on Friday struck down the Affordable Care Act, throwing a new round of uncertainty into the fate of the law just one day before the deadline to sign up for coverage for next year.
The judge ruled that the law’s individual mandate is unconstitutional, and that because the mandate cannot be separated from the rest of the law, the rest of the law is also invalid.
The ruling is certain to be appealed, and legal experts in both parties have said they ultimately expect the challenge to the health law will not succeed.
Judge Reed O’Connor, an appointee of President George W. Bush, acknowledged that health care is a “politically charged affair — inflaming emotions and testing civility.”
But he added courts “are not tasked with, nor are they suited to, policymaking.” Instead, he said they must determine what the Constitution requires. In this, case O’Connor said the Constitution does not allow the mandate to stand.
The reasoning of the ruling states that in 2012, the Supreme Court upheld the mandate to have coverage because of Congress’s power to tax. But, last year, Congress removed the fine for failing to comply with the mandate, which, he argues, means the mandate is no longer a tax and therefore is unconstitutional.
In a controversial move, the judge added that because the mandate is “essential” to the rest of the law, without the mandate, the entire law is invalid.
Legal experts in both parties have denounced that argument, saying it is obvious that Congress wanted the rest of the Affordable Care Act to remain when it repealed only the mandate penalty last year.
Democrats accused the judge of waiting until after the election to issue the ruling, saying he knew striking down the law before the election would harm Republicans….
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Nicholas Bagley, a law professor at the University of Michigan, wrote on Twitter Friday night that he thinks the ruling does not prevent the Affordable Care Act from remaining in effect while the appeals process plays out, because there is no injunction from the court.
“Everyone should remain calm,” he wrote.
Obamacare ruling post is here….
The feeling is that this ruling isn’t gonna hold for the entire law…..
Of course Congress SHOULD fix this….
More on the judge’s reckless opinion….
…The ruling puts the Trump administration and Republican lawmakers in a bind. They’ve promised to save the health law’s pre-existing condition protections if the court threw them out, but for years been unable to agree on an alternative that would maintain the law’s stringent safeguards.
Trump on Friday urged Congress to negotiate a bipartisan health care bill that would replace the ACA and protect pre-existing conditions.
“Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions. Mitch and Nancy, get it done,” he tweeted, referring to Senate Majority Leader Mitch McConnell and House Speaker-designate Nancy Pelosi.
Yet lawmakers on either side have shown little inclination to compromise on health care. Democrats for months said Republicans would be responsible for any fallout from the verdict since they brought the case in the first place and spent a year trying unsuccessfully to repeal the ACA.
Some Republicans similarly criticized the lawsuit as unnecessary and “far-fetched,” yet the party has not developed a workable alternative….
More…