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.
“Without it, Congress and the Supreme Court have stated, the architectural design fails,” according to O’Connor. “It is like watching a slow game of Jenga, each party poking at a different provision to see if the ACA falls.”
President Donald Trump tweeted his approval of the ruling Friday night.
“Wow, but not surprisingly, ObamaCare was just ruled UNCONSTITUTIONAL by a highly respected judge in Texas. Great news for America!” he wrote.
More at NBC News
Predictably, Pelosi declares this is an assault on people with pre-existing conditions. She has yet to realize that their pre-existing conditions clause is what killed Obamacare.
Being afraid to make the penalty for NOT buying insurance TOO onerous for fear of losing support for the worst law in history, it was cheaper and possible, thanks to pre-existing conditions coverage, to simply wait until one NEEDED insurance to buy the insurance. Insurance companies were left covering only costly customers with no base of healthy customers filling the coffers to cover the sick customers.
If this wasn’t the ultimate plan, to bankrupt insurance companies and ruin the health care delivery system to make national VA the only other option, then this law was the stupidest, greatest failure of a law the American people were ever saddled with.
@Deplorable Me: It was designed to fail from day one, now this judge doesnt have the final say there will be appeal after appeal it might reach the SCOTUS again. 2 Years 2 YEARS the Republican leader of the house Ryan has not brought forth the alternative plans they have had 8 years to work out.
The Senate leader Turtle man also tabled all alternatives so its time to boot them all out of health insurance what government has done with the entire heath care is made us sick from the CDC, FDA, working hand in hand with Big Pharma and Monsanto , Congress passing a law you cant sue the phama company if your child is hurt by vaccines. 1986 Childhood Vaccine Injury Act? Doesn’t it demand that people go to a special federal “vaccine tribunal/court” and plead for compensation from the government? The supreme court backed that up in 2011.
Now 1 in 40 kids are diagnosed with autism from 1 in 10000 in the 70s.
Who does the studies insuring vaccines and drugs are safe and effective? Do they cure or just mask or cause disease?
POS program was Unconstitutional to begin with and the asshole Roberts knew it was. maybe it is time to limit supreme court justices time on the bench. the program was a failure from the start. recall that a car repair shop in nyc was one of the local places where one could sign up. Flopping aces posted it an article on this site on this website.
@MOS#8541: In order to find it constitutional they redefined words, dictionary we dont need no stinking dictionary, then called the fine a tax despite what we were told.
I doubt that the regular pom-pom dancers here understand that this doesn’t “replace” anything or make things better as Trump and Rs promised but rather it ends everything most voters like about the law including kids under 26 knocked off the parents insurance, erases the pre-existing part, return of jack-leg policies, millions will drop out and premiums will skyrocket.
John McCain saved the Rs sorry asses once as he was the elected dead man walking anyways. And John Roberts turned swing vote and saved them from themselves as well.
Now with the Kavanaugh (R) court, well????
This ought to set well with those suburban and swing state voters just in time for the next blue wave.
Obamacare should have died the moment it was declared a “tax”. It originated in the senate, and tax bills must originate in the house. Of course, it should have died stillborn, since all congresscritters should know that since the constitution does not give them power to deal with health care, they don’t have that power.
In other words, the Affordable Care Act was constitutional until Trump and the GOP made it unconstitutional by killing the penalty provision. Let’s not forget that the Supreme Court previously upheld the ACA’s constitutionality with it.
Remember that when they try to tell you the consequences are all the fault of the democrats—which they will most certainly try to do, because the consequences are not going to be good.
@Greg:
Based on the Government’s taxing authority only. It was Justice Robert’s way of making the ACA Constitutional. But new law removed the mandate. (never before have Americans been required, by law, to purchase anything)
And you know this how, Greggie Gullible?
Perhaps you can show me the part of the Constitution that allows the Federal Government to require you to participate in commerce?
You’re an idiot
@Greg:
Greg, I don’t see how this decision can stand up to appeal. Even if it reaches the Supremes, all five justices who’ve already ruled the ACA to be constitutional are still on the bench.
@retire05, #8:
Of course they have been, and continue to be. You’re required to purchase liability insurance to legally drive your automobile on public roads and highways; most workers are required to buy into the Social Security retirement insurance and Medicare programs, and would generally be up a creek without a paddle if they weren’t; many states require doctors to purchase malpractice insurance in order to be licensed. There are all sorts of things that people are required to buy for the benefit of themselves, and everyone else. You’ve got to buy seat belts with your car; if you’re transporting a toddler in it, you’ve got to buy a protective car seat. There are very good reasons for most such mandates.
And yet I recognize obvious truths that seem to escape many Trump supporters… Very odd.
@Greg: The Democrats created that disaster. It is no surprise repairing that damage will be painful, just like all the other masses Obama left behind.
No one is required to own a car.
No one is required to be a doctor.
@Deplorable Me: If the doctor doesnt like it he can move to another state.
asshole care It’s really simple!
In order to insure the uninsured, we first have to un-insure the insured.
Next we require the newly un-insured to be re-insured.
To re-insure the newly un-insured, they are required to pay extra
charges to be re-insured.
The extra charges are required so that the original insured, who
became un-insured, and then became re-insured, can pay enough extra so
that the original un-insured can be insured for free.
I hope that this clarifies this issue once & for all.
@MOS 8541: As Pelosi’s gastrointestinologist told her, “You’ll have to pass it to see what’s in it.”
@Deplorable Me:
does her GI doc have a license? does he have the correct amount of insurance to stick a scope up her ass and view here colon? these are had questions that need answers. obviously “You’ll have to pass it to see what’s in it.” is consistent with being brain dead? is she faux of Bernie or maybe a zombie and part of the walking dead??
@MOS 8541: No, he’s just some lunk that identifies as a GI doc and Pelosi fears political repercussions if she refuses.
@Deplorable Me, #11:
Nor are you required to see a doctor, although under a number of relatively common circumstances you could die in short order if don’t. What was your point? There are, in fact, many things that the law requires people to purchase, and good reasons for such requirements.
If you want to defy the law and drive without insurance you can do so. You can also drive without purchasing a required license. Just be prepared to be fined, and to be a guest of the state for a time if you persist.
@Greg:
Did you miss the facts? Who said anything about driving without insurance? The pertinent fact is that it is unConstitutional to require citizens to buy anything as well as for the federal government to be running the health insurance business. Securing our border is the government’s responsibility, not providing aspirin.