Friday, 18 January, 2019

Obamacare ruled out of order by Texas judge

Win for Donald Trump US judge rules against Obamacare Donald Trump US President and Nancy Pelosi House Speaker-designate and Democrat
Melissa Porter | 17 December, 2018, 16:57

The White House confirmed that the law remains in effect pending appeal, but President Donald Trump has suggested that Congress start working on a replacement.

"In his opinion, Judge O'Connor said: "(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".

A judge sided with Texas late Friday in a lawsuit alleging that Congress's decision in 2017 to kill a related tax penalty essentially voided the entire Affordable Care Act. Gov. Paul LePage signed onto that lawsuit as an individual because he can't represent the state in lawsuits without permission from the ME attorney general.

The sign-up deadline for coverage under the ACA for 2019 ended on Saturday. In addition to making it possible for millions of people to get health care through Medicaid expansion or exchanges, the Affordable Care Act prohibits insurers from turning away or charging more to individuals with pre-existing conditions, helps senior citizens save money on insurance and prescription drug costs, allows children to stay on their parents' health insurance plans until they are 26 and makes it possible for many Americans to receive cholesterol tests, mammograms, birth control and other vital medical services for free, according to CNN.

At the US Supreme Court, five justices in the nine-judge court who voted to uphold Obamacare in a separate case in 2012 are still on the bench.

She told ABC News Chief Anchor George Stephanopoulos on "This Week" Sunday that she believes the judge's ruling overturning the entire law goes too far and that the court should instead remove the individual mandate to buy health insurance while keeping the rest of the law intact.

Trump lost no time in tweeting his delight at the court's ruling on a complaint brought by several Republican attorneys general and two Republican governors. "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".

Some health-care law experts were quick to critique the judge's reasoning and predicted the ruling will be overturned.

"The fact that they could cause their fellow Republicans harm did not seem to bother them", Wilensky said.

"There's no excuse to shut down government on this issue or any other issue", she said, referencing a $2.5 billion provision this year and over the next 10 years "to fully fund border security".

"The first thing we're going to do when we get back there, in the Senate, is put a vote on the floor urging an intervention in the case." he said in an interview on "Meet the Press". Many senior Republican lawmakers have said they did not plan to also strike down provisions such as pre-existing condition coverage when they repealed the law's fines for people who can afford coverage but remain uninsured. Frosh's case is State of Maryland v.

"Obamacare has been struck down by a highly respected judge". United States, was filed in February.

Pressure will now be on Republicans, who have decried the health care law, to offer alternatives that won't shut out sick people, as insurance markets routinely did before the law took effect.

"This decision violates multiple precepts that guide and limit the exercise of the judicial power - and it sets a unsafe precedent that invites politicians to resort to the unelected, life-tenured judiciary when they can not achieve their political goals through the democratic process", the group said in a statement.