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Federal judge in Texas strikes down Affordable Care Act


WestVirginiaRebel

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WestVirginiaRebel
federal-judge-texas-strikes-strikes-down-affordable-care-act-n948306

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."

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 n 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."

________

RIP Obamacare.

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ObamaCare could return to Supreme Court, with all eyes on Kavanaugh and Roberts

 

The Affordable Care Act – and the multitude of regulations, taxes and benefits that come with it – once again could be on the road to the Supreme Court after a Texas judge ruled the law unconstitutional.

The surprise decision Friday already has both sides of the debate posturing, with Democrats claiming the ruling is but a hiccup and Republicans suggesting this could be their chance, at last, to abolish the law – which remains largely in place despite President Trump’s past claims to the contrary.

A Supreme Court ruling in their favor would be Republicans’ only shot at overturning the law in the foreseeable future, with Democrats taking control of the House in January.

Speaking Sunday on CBS’ “Face the Nation,” White House senior adviser Stephen Miller boldly predicted the law would be “struck down” this way. 

“I believe that's the likeliest outcome, because ObamaCare has always been unconstitutional,” he asserted.:snip:

 
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On 12/14/2018 at 8:33 PM, WestVirginiaRebel said:
federal-judge-texas-strikes-strikes-down-affordable-care-act-n948306

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."

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 n 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."

________

RIP Obamacare.

:snip:

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