jimnyc
12-15-2018, 12:59 PM
And may go to the NEW SC you say? :)
Federal judge in Texas strikes down Affordable Care Act
In a ruling sure to be appealed to Supreme Court, Texas court says the ACA, also known as Obamacare, can no longer stand without the penalty against the uninsured.
A federal judge in Texas struck down the Affordable Care Act on Friday night, ruling that former President Barack Obama's signature domestic legislation has fallen down like a losing game of "Jenga."
But the White House said that with the ruling expected to be appealed to the U.S. Supreme Court, the law will remain in place for now.
U.S. District Judge Reed O’Connor in Fort Worth sided with the argument put forward by a coalition of Republican-leaning states, led by Texas, that Obamacare could no longer stand now that there's no penalty for Americans who don't buy insurance.
The U.S. Supreme Court had upheld the law in 2012, by classifying the legislation as a tax. But since Congress removed the individual mandate in 2017, O’Connor ruled, there's no way the ACA can be allowed to stand.
"The Individual Mandate can no longer be fairly read as an exercise of Congress's Tax Power and is still impermissible under the Interstate Commerce Clause — meaning the Individual Mandate is unconstitutional," O'Connor wrote. "The Individual Mandate is essential to and inseverable from the remainder of the ACA."
Without the system being upheld by a wide pool of mandated participants, the ACA cannot stand, O'Connor ruled.
Rest - https://www.nbcnews.com/news/us-news/federal-judge-texas-strikes-strikes-down-affordable-care-act-n948306
Federal judge in Texas strikes down Affordable Care Act
In a ruling sure to be appealed to Supreme Court, Texas court says the ACA, also known as Obamacare, can no longer stand without the penalty against the uninsured.
A federal judge in Texas struck down the Affordable Care Act on Friday night, ruling that former President Barack Obama's signature domestic legislation has fallen down like a losing game of "Jenga."
But the White House said that with the ruling expected to be appealed to the U.S. Supreme Court, the law will remain in place for now.
U.S. District Judge Reed O’Connor in Fort Worth sided with the argument put forward by a coalition of Republican-leaning states, led by Texas, that Obamacare could no longer stand now that there's no penalty for Americans who don't buy insurance.
The U.S. Supreme Court had upheld the law in 2012, by classifying the legislation as a tax. But since Congress removed the individual mandate in 2017, O’Connor ruled, there's no way the ACA can be allowed to stand.
"The Individual Mandate can no longer be fairly read as an exercise of Congress's Tax Power and is still impermissible under the Interstate Commerce Clause — meaning the Individual Mandate is unconstitutional," O'Connor wrote. "The Individual Mandate is essential to and inseverable from the remainder of the ACA."
Without the system being upheld by a wide pool of mandated participants, the ACA cannot stand, O'Connor ruled.
Rest - https://www.nbcnews.com/news/us-news/federal-judge-texas-strikes-strikes-down-affordable-care-act-n948306