(Photo: Win McNamee, Getty Images)
Article by Bryan Howard
December 15, 2018
A Texas Federal Judge ruled The Affordable Care Act (Obamacare) was unconstitutional. The Judge made the ruling based off the new Republican tax cut last year, which removed the individual mandate.
The Conservative U.S. District Judge Reed O’Connor made the ruling on the night before the Obamacare sign up deadline. The ruling likely will be appealed bringing the case to the Republican majority Supreme Court.
Texas Attorney General Ken Paxton Brought the case to court claiming without the tax mandate for Obamacare it no longer is constitutional. Citing SCOTUS Chief John Roberts ruling in 2012 that Obamacare was protected because it was technically a tax Congress was legally allowed to mandate the law.
The lawsuit states, “Once the heart of the ACA — the individual mandate — is declared unconstitutional, the remainder of the ACA must also fall.”
Judge O’Connor noted in his report, “The remainder of the ACA is non-severable from the individual mandate, meaning that the Act must be invalidated in whole.”
Many are fearful this will be the end to pre-existing conditions, but the Trump administration has been clear they want to keep pre-existing conditions as law. President Trump even makes this claim in a celebration tweet of the judge ruling.