Federal judge strikes down Obamacare as unconstitutional, Trump praises decision

21 December, 2018, 17:14 | Author: Denise Dawson
  • Obamacare ruled unconstitutional by U.S. federal judge in Texas

He added, "Not only does tonight's ruling confirm that this broken law can not hold up under court scrutiny, but it also affirms that the law does not actually protect people with preexisting conditions". The law could now be headed to the top court for the third time.

Speaking Sunday on CBS' "Face the Nation", White House senior adviser Stephen Miller boldly predicted the law would be "struck down" this way. "A confirming Supreme Court Decision will lead to GREAT HealthCare results for Americans!"

If the court were to overturn the law, it would leave the Trump administration and a divided Congress in a remarkably hard situation - scrambling to come up with an alternative that has eluded the law's critics in Washington ever since its passage in 2010.

Trump tweeted again on Monday, saying, "We have a chance, working with the Democrats, to deliver great HealthCare!"

But if the latest legal challenge to ObamaCare ends up before the Supreme Court, the outcome is far from certain.

The recent U.S. District Court decision regarding the Affordable Care Act is not an injunction that halts the enforcement of the law and not a final judgment. "The fact of the matter is that there really is no basis for striking down the entire Affordable Care Act in large measure, because the mandate was toothless and it can't be essential to the whole bill if it's toothless", Emanuel said on CNN. The U.S. Supreme Court upheld the ACA in 2012 because it included an individual mandate - or a tax penalty for Americans who did not buy health insurance. They also argued in the alternative that should the individual mandate be invalidated, that provision should be severed from the ACA, leaving the rest of the law intact in accordance with congressional intent. The rest of the law can not be separated from that provision and is therefore invalid, he wrote. But numerous Republicans, both during the debate on the vote on the tax law and since, have made it clear that was not what they did.

Indiana Attorney General Curtis Hill signed Indiana onto the lawsuit. "Pending the appeal process, the law remains in place".

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Congress is unlikely to act while the case remains in the courts.

Still, Democratic Rep. Nancy Pelosi, who is expected to become House speaker in January, vowed to fight what she called an "absurd ruling".

"In the interim, it provides Congress with a real opportunity recognizing that Obamacare is on life support to pull together and make a determination of the things that we need to do to provide sufficient healthcare for all Americans including pre-existing conditions", he said, after show host Steve Doocy complained his own daughter has deductibles on her own Obamacare plan that are too hard to meet.

As "this decision makes it way through the courts, which will take months, if not years, the law remains in place and will likely stay that way", he added.

This would put Roberts in a potentially awkward spot.

The GOP's struggle to unify around a policy was on full display on Capitol Hill a year ago when there wasn't enough consensus among Senate Republicans to pass a narrowly-crafted Obamacare repeal bill, despite the fact that congressional Republicans had rallied around calls to repeal the law during President Barack Obama's administration.

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