Health bosses reeling as judge rules Obamacare 'unconstitutional'

17 December, 2018, 18:29 | Author: Lillian Steele
  • Obamacare to be considered by new-look US Supreme Court after Texas judge rules it is unconstitutional

It is not expected that the ruling will impact the coverage for those people - the final decision will likely not come until the case reaches the Supreme Court again.

Also at risk are provisions that affect the wider health insurance market, such as keeping adults on their parents' policies until age 26. He ultimately predicted Obamacare will remain law when all is said and done.

The decision Friday finding the Affordable Care Act unconstitutional comes at the tail end of a six-week open enrollment period for the program in 2019 and underscores a divide between Republicans who have long sought to invalidate the law and Democrats who fought to keep it in place.

Trump celebrated the ruling. "Great news for America!" "And a good way to show that you're exhausted of people trying to take away your health care is to go get covered!" "The exchanges are still open for business", she said on Twitter. Health care ranked as the most important issue to Americans by a almost 2-to-1 margin, and those who cited it preferred Democrats to Republicans by a striking 52-point margin, according to House exit polls published by CNN. Republicans vowed during the campaign to ensure that insurers accept sicker Americans and charge them fair prices for coverage.

"A lot of good people are fighting to ensure that nothing about your care will change".

Klobuchar, appearing Sunday morning on CBS' Face the Nation, called the ruling absurd and said it was up to Democrats to fight to protect the law.

The lawsuit, initiated by Texas Attorney General Ken Paxton, argued that the health care law was invalid because the repeal of the mandate that all Americans have health insurance or pay a penalty has stripped the Affordable Care Act, also known as Obamacare, of its enforcement mechanism, according to the Washington Post.

Judge Reed agreed, writing the penalty can no longer be fairly read as an exercise of Congress' tax power.

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The Senate could pass a nonbinding resolution expressing the body's support for why the decision ought to be overturned, or simply clarifying its intent when it repealed Obamacare's individual mandate.

Jost noted that the 5th U.S. Circuit Court of Appeals, which will hear any appeal in the case, is considered the most conservative federal appeals court in the country. His ruling is likely to be appealed, possibly up to the Supreme Court, which has twice - in 2012 and 2015 - upheld the Affordable Care Act.

Five of the current justices on the Supreme Court, including Chief Justice John Roberts, have twice declined to strike down the law.

It is all but certain the case will become the third time the Supreme Court decides a constitutional question related to the ACA.

Nicholas Bagley, a professor at University of Michigan Law School, said he doubts the case will make it to the Supreme Court. But, "O'Connor is so far off the reservation here that virtually any (appeals) panel will reverse him", Jost said.

"The ruling seems to be based on faulty legal reasoning and hopefully it will be overturned", said a statement from Senate Minority Leader Chuck Schumer (D-N.Y.).

In an appearance on "Meet the Press", Sen. "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.

Judge O'Connor did not rule the law has to be enjoined immediately. Nor did the White House rush to change any of its policies; in fact, they stated over the weekend that they would continue to operate the ACA as before.

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