By doing away with the Individual Mandate, the Trump Administration created a potentially fatal vulnerability in Obamacare’s constitutionality that the Republican party has actually managed to exploit.
Core provisions of the Affordable Care Act, also known as Obamacare, were ruled unconstitutional by a Texas judge on Friday following a lawsuit brought by a group of Republican attorneys general from 20 states against Democratic attorneys general from 14 states led by California’s Xavier Becerra.
According to court documents (below) US District Judge Reed O’Connor of Fort Worth agreed with the GOP coalition that he had to gut key provisions of the Affordable Care Act after Congress last year eliminated the individual mandate – a tax penalty for not buying insurance.
Friday’s decision which will undoubtedly be fought all the way to the Supreme Court, as California has already announced that they will appeal.
The Texas-led Republicans argued that they’ve been harmed by an explosion of people on state-supported insurance rolls – claiming that when Congress repealed the tax penalty last year it nullified the US Supreme Court’s rationale for deeming the ACA constitutional in 2012.
This is how it’s done. What the Left has wrought via the courts can be undone via the courts.
If someone questions whether a single judge in Texas can repeal the Affordable Care Act nationwide, ask him if a single judge in Hawaii can nullify the President’s constitutional authority to defend the continental United States from invasion.
More please, GOP.
If Congressional Republicans had the spine of their state attorneys general colleagues, they’d use their once-per-year “Pass a Spending Bill with a Simple Majority” card to get the Wall funded before the Democrats take over the House next month.
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