Published: Mon, December 17, 2018
Medical | By Vicki Mclaughlin

Klobuchar criticizes court decision on Affordable Care Act

Klobuchar criticizes court decision on Affordable Care Act

Some legal observers believe Congress is unlikely to pass a new law while the case is in the courts. Schumer went further and said 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".

Judge O'Connor disagreed. He said Chief Justice John G. Roberts Jr. was clear in his 2012 opinion that tethered the law's benefits to a revenue-collecting tax, even if Republican tax reformers didn't set out to kill the entire health care law.

U.S. District Judge Reed O'Connor in Fort Worth agreed with a coalition of 20 states that a change in tax law previous year eliminating a penalty for not having health insurance invalidated the entire Obamacare law. They say that the tax bill specifically elected to preserve the ACA's consumer protections despite eliminating the individual mandate penalty.

And because the Supreme Court upheld the constitutionality of Obamacare - and the individual mandate - under the basis the law's penalty is actually a "tax", and therefore legal under Congress' constitutionally-based taxing power, without the individual mandate, O'Connor said Obamacare must be "invalidated as a whole". California Attorney General Xavier Becerra and several more Democratic state attorneys general are expected to appeal the decision.

Midnight Saturday is the deadline to sign up for 2019 plans via HealthCare.org.

The American medical establishment came out strongly against the decision.

The Supreme Court upheld Obamacare in 2012 and in 2015. "In that world, a Republican judge cuts tens of millions of people off health insurance mere weeks after Republicans lost a midterm election for merely trying to cut those people off health insurance", he continued. Health care was the top issue for about one-fourth of voters in the November election, ahead of immigration and jobs and the economy, according to VoteCast, a nationwide survey for the Associated Press.

MNsure's open enrollment for coverage that takes effect January 1 ended on Saturday; it remains open until January 13 for coverage that takes effect on February 1.

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Texas and an alliance of 19 states argued to the judge that they've been harmed by an increase in the number of people on state-supported insurance rolls.

"It's an bad, terrible ruling, and we're going to fight this tooth-and-nail, and the first thing we're going to do when we get back there in the Senate is urge - put a vote on the floor urging an intervention in the case", Schumer said on NBC's "Meet the Press".

"The GOP spent all past year pretending to support people with pre-existing conditions while quietly trying to remove that support in the courts", Senate Democratic leader Chuck Schumer of NY said in a tweet Saturday.

While Trump has promised to protect people with pre-existing conditions, it's up to Congress to enact an Obamacare alternative if the courts strike down ACA.

President Barack Obama is applauded after signing the Affordable Care Act into law in the East Room of the White House on March 23, 2010.

"This will be another area where this - health care - will be used as a political issue way beyond the ramifications of one district judge making a ruling that has no immediate impact", Blunt said on NBC.

The case, Texas v. After Trump ordered the Justice Department to stop defending the health law, a coalition of ACA-supporting states took up the defense. United States, 1:18-cv-02849, U.S. District Court, District of Maryland (Baltimore).

"As I predicted all along, Obamacare has been struck down as an UNCONSTITUTIONAL disaster!"

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