Published: Tue, December 18, 2018
Medicine | By Debra Reynolds

Obamacare is unconstitutional, judge rules

Obamacare is unconstitutional, judge rules

"On the assumption that the Supreme Court upholds, we will get great, great health care for our people", President Trump told reporters during a visit Saturday to Arlington National Cemetery.

A group of Democratic state attorneys general led by California plans to appeal the decision to the 5th Circuit US Court of Appeals in New Orleans.

Then the White House issued this statement: "We expect this ruling will be appealed to the Supreme Court".

The head of the federal Centers for Medicare and Medicaid Services (CMS), which oversees the Affordable Care Act, said there were no changes and exchanges were open for business.

Douglas Holtz-Eakin, top policy adviser to Republican John McCain's 2008 presidential campaign, said he was struck by the relative silence from top Republicans after the ruling issued. However, we're not there with O'Connor's ruling yet. O'Connor was appointed to the federal bench by President George W. Bush.

"In light of yesterday's ACA ruling, any 2020 candidate pushing Medicare for All needs to explain how they will get it past a Court willing to toss out a law passed ten years ago by large congressional majorities", Freedlander wrote Saturday.

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Democrats tried and failed to force a vote on the Manchin proposal in August, and a Manchin unanimous consent request to call up and pass the measure n September 5, faced objection. Pingree goes on to call the ruling "absurd" and says it will be appealed.

Democrats weren't the only ones to criticize the decision.

The opinion, if upheld on appeal, would upend the health insurance industry, the way doctors and hospitals function, and the ability of millions of Americans to access treatments they need to combat serious diseases.

Stacy Pogue, a health care policy analyst with the left-leaning Center for Public Policy Priorities, anxious that Henneke was advocating a return to high-risk pools that offered separate coverage to the sickest patients who weren't covered by their employers.

Other experts have pointed out what they said was a more fundamental problem with O'Connor's ruling: the states did not have the standing to sue in the first place.

The Supreme Court in 2012 ruled that the individual mandate was a valid exercise of Congress' taxation powers, with the law imposing a monetary penalty on people who did not obtain insurance.

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The Texas judge agreed. Moreover, when Republicans crafted their tax cut legislation in December of 2017, few if any GOP lawmakers said it meant the end of the health care law altogether. "Once the heart of the ACA - the individual mandate - is declared unconstitutional", the lawsuit contended, "the remainder of the ACA must also fall". "The Individual Mandate is essential to and inseverable from the remainder of the ACA".

SOPA Images via Getty Images Senate Minority Leader Chuck Schumer (D-N.Y.) is urging Congress to say Friday's Affordable Care Act ruling should be overturned. "Now we have a judge saying we have an unenforceable mandate".

With just one day left in the sign-up period for 2019 Obamacare coverage, the judge's ruling is unlikely to have much of an effect on those actively shopping for insurance for next year. That number represents those signing up in the 39 states participating in the federal exchange. United States, was filed in February. This decision denies coverage to more than 100 million Americans, including seniors, veterans, children, people with disabilities, hardworking Americans with low-incomes, young adults on their parents' plans until age 26, and millions of Americans with pre-existing conditions.

Sen. Amy Klobuchar on Sunday criticized a federal judge's ruling that the Affordable Care Act is unconstitutional, as well as the ongoing efforts by some Republicans to repeal the law. "Millions of people now rely on ObamaCare's subsidies and rules, which argues against judges repealing the law by fiat", the editorial board said. Those include parts of the law on adding calorie counts on restaurant menus and speeding to market cheaper versions of costly biotechnology drugs.

HealthCare.gov, the government's site for signing up, was taking applications Saturday, the deadline in most states for enrolling for coverage next year, and those benefits will take effect as scheduled January 1.

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