Published: Sun, December 16, 2018
Medical | By Vicki Mclaughlin

District Court Judge in Texas Holds ACA Is Unlawful

District Court Judge in Texas Holds ACA Is Unlawful

An alliance of 19 Republican attorneys general and a governor led by Texas Attorney General Ken Paxton challenged the law.

"Based on unambiguous text, Supreme Court guidance, and historical context, the Court finds "it is evident that the Legislature would not have enacted" the ACA "independently of" the Individual Mandate", O'Connor wrote.

"As the individual mandate was an essential element of the ACA, the whole of Obamacare was therefore unconstitutional", O'Connor said.

President Trump appeared delighted by the ruling.

He determined that because, O'Connor wrote, the individual mandate "can no longer be sustained as an exercise of Congress's tax power", according to The New York Times.

Republicans "know that they can't repeal the ACA in Congress".

He said the U.S. Supreme Court's conservative wing has been skeptical in the past of striking down entire laws because of a single problematic provision, and at least a bare majority of five justices would likely agree that O'Connor was wrong.

Obamacare ruled unconstitutional by U.S. federal judge in Texas
Judge Declares ObamaCare Unconstitutional, Trump Celebrates on Twitter

In his first on-camera comments since a federal court in Texas ruled that the Affordable Care Act is unconstitutional, President Trump called it a "great ruling for the country" and praised the judge who handed down the decision.

Democratic house leader Nancy Pelosi spoke out against the ruling, saying "Republicans are fully responsible for this cruel decision and for the fear they have struck into millions of families across America who are now in danger of losing their health coverage".

The decision throws the health insurance of as many as 20 million people into doubt.

Shortly after the decision on Friday evening, Trump tweeted that "Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions". They argued the judge should spare the rest of the law, which includes Medicaid expansion, the employer mandate, health exchanges, premium subsidies and federal health-care reimbursement rates for hospitals.

In October, Health and Human Services Secretary Alex Azar - who supported the lawsuit - spoke to ABC News about the administration's "plan B" to protect people with pre-existing conditions if the courts shut down Obamacare. But with appeals certain, even the Trump White House said the law will remain in place for now. United States, concluding that the individual mandate is unconstitutional and that, as a effect, the entire Affordable Care Act is invalid. Republicans made multiple unsuccessful attempts to "repeal and replace" the Affordable Care Act in 2017, but many ran their midterm election campaigns this year promising protections for people with pre-existing conditions - a central piece of the Affordable Care Act. "We want to make sure that people with pre-existing conditions have protection, and we want to make sure that people have access to affordable coverage".

Since the law's formative stages amid concern about millions of Americans lacking health insurance, Republicans have opposed Obamacare, calling it a costly and unneeded government intrusion into Americans' lives.

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