Health Care

USA judge finds obamacare unconstitutional

USA judge finds obamacare unconstitutional”

Since the law's formative stages amid concern about millions of Americans lacking health insurance, Republicans have opposed Obamacare, calling it a costly and unneeded government intrusion into Americans' lives.

Also at risk are provisions that affect the wider health insurance market, such as keeping adults on their parents' policies until age 26. All five remain on the court. "'We're going to do it our way.' They're going to have to get together with the Democrats in the House".

In response to the ruling on December 14, 2018, President Trump tweeted "As I predicted all along, Obamacare has been struck down as an UNCONSTITUTIONAL disaster!"

President Trump tweeted on news of the ruling: "Wow, but not surprisingly, ObamaCare was just ruled UNCONSTITUTIONAL by a highly respected judge in Texas". "Great news for America!"

"I think we can look back over the last few years and take away some lessons that we can implement at the state level to drive back down costs but also provide for choice of health care provider, and also to look at the regulatory system of insurance and ways that we can restore the relationship between doctor and patient", he said.

Sen. Roy Blunt of Missouri, the incoming Republican Policy Committee chairman, echoed Durbin's forecast of the decision as potentially setting off a political firestorm, saying on "Meet the Press", that the judge's ruling is not as significant as the congressional process for forming and passing health care policy.

Despite Trump's celebration, his administration - via Seema Verma, administrator for the Centers for Medicare and Medicaid Services - was quick to emphasize that the current law remains in effect, for now.

Preserving the law's protections for people with pre-existing medical conditions proved to be a strong argument for Democrats in the midterm elections. Health care ranked as the most important issue to Americans by a almost 2-to-1 margin, and those who cited it preferred Democrats to Republicans by a striking 52-point margin, according to House exit polls published by CNN.

Supporters of the law immediately said they would appeal. One prominent Republican ally of Trump said health care could be his "Achilles heel" in 2020, when he's up for re-election. "Hard to square GOP campaign promises with the court victory by GOP attorneys general". In the first major legal challenge led by ideological opponents of the law, the Supreme Court in 2012 affirmed that most of the ACA was constitutional, while making Medicaid expansion optional for states. The legitimacy of that fee was part of the Supreme Court's justification for upholding the law in a previous challenge. An appeal would go to the 5th U.S. Circuit Court of Appeals.

Alternatively, Republican Senator John Barrasso (R-Wyo.) said the ruling doesn't bring an immediate change, but sets the stage to dismantle the Affordable Care Act. That could make it a defining issue in Trump's re-election bid.

"The legal merits of the case are frivolous", said University of MI law professor Nicholas Bagley. But, "O'Connor is so far off the reservation here that virtually any (appeals) panel will reverse him", Jost said. "That includes very hard-line conservatives".

The third-ranking GOP leader, Louisiana Rep. Steve Scalise, praised the judge's ruling and made no mention of working with Democrats, whom he accused of "running a fear-mongering campaign" to win control of the House last month.

Senate Democratic leader Chuck Schumer of NY said voters will remember. "And if a majority of the House and a majority of the Senate say that this case should be overturned, it will have a tremendous effect on the appeal".

"Pending the appeal process, the law remains in place". Amy Klobuchar said, adding that the decision was "absurd".

The Texas ruling "is an assault on 133 million Americans with pre-existing conditions" and on all who rely on Obamacare coverage, Becerra said in a statement.

Republicans are "going to have to figure out what to do", Holtz-Eakin said.

The American Medical Association said Saturday in a statement that Connor's ruling "violates multiple precepts that guide and limit the exercise of the judicial power".



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