Federal judge rules Obamacare is unconstitutional – and President Trump calls it ‘great news for America’
Judge Reed O’Connor in Fort Worth ruled Affordable Care Act is unconstitutional
Ruled that a change in tax law last year eliminating a penalty for not having health insurance invalidated the entire law
Last year Trump signed a $1.5 trillion tax bill that included a provision eliminating the individual mandate
Trump celebrated the 55-page ruling in two Tweets sent shortly after 9 pm
Obamacare will remain in place pending its expected appeal to Supreme Court
DAILYMAIL.COM
15 December 2018
A U.S. federal judge in Texas ruled on Friday that the Affordable Care Act, known as Obamacare, is unconstitutional, a decision that was likely to be appealed to the Supreme Court.
U.S. District Judge Reed O’Connor in Fort Worth agreed with a coalition of 20 states that a change in tax law last year eliminating a penalty for not having health insurance invalidated the entire Obamacare law.
President Trump responded to the ruling on Twitter with glee.
He first tweeted shortly after 9 pm, ‘As I predicted all along, Obamacare has been struck down as an UNCONSTITUTIONAL disaster! Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions. Mitch and Nancy, get it done!’
He followed that up eight minutes later with a second Tweet.
‘Wow, but not surprisingly, ObamaCare was just ruled UNCONSTITUTIONAL by a highly respected judge in Texas. Great news for America!’
O’Connor’s decision was issued the day before the end of a 45-day sign-up period for 2019 health coverage under the law.
‘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,’ the judge wrote. ‘The Individual Mandate is essential to and inseverable from the remainder of the ACA.’
‘Without [the individual mandate], 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.’
A year ago, Trump signed a $1.5 trillion tax bill that included a provision eliminating the individual mandate.
In the 55-page opinion, O’Connor ruled Friday that last year’s tax cut bill knocked the constitutional foundation from under ‘Obamacare’ by eliminating a penalty for not having coverage.
About 11.8 million consumers nationwide enrolled in 2018 Obamacare exchange plans, according to the U.S. government’s Centers for Medicare and Medicaid Services.
The coalition of states challenging the law was led by Texas Attorney General Ken Paxton and Wisconsin Attorney General Brad Schimel, both Republicans.
Republicans have opposed the 2010 law, the signature domestic policy achievement of President Donald Trump’s Democratic predecessor Barack Obama, since its inception and have repeatedly tried and failed to repeal it.
The White House hailed Friday’s ruling, but said the law would remain in place pending its expected appeal to the Supreme Court.
‘Once again, the president calls on Congress to replace Obamacare and act to protect people with preexisting conditions and provide Americans with quality affordable healthcare,’ White House spokeswoman Sarah Sanders said in a statement.
In June, the Justice Department declared the healthcare law’s ‘individual mandate’ unconstitutional in federal court.
The decision was a break with a long-standing executive branch practice of defending existing statutes in court.
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