Wednesday, December 19, 2018

Texas Judge Strikes Down Obamacare As Unconstitutional but the Law Remains in Effect for Now

Dave Kyllo

A federal judge in Texas ruled last Friday that the Affordable Care Act (ACA) is unconstitutional under tax law because of a change Congress made that reduces the individual penalty to zero in 2019.  The 55-page ruling said that the constitutional foundation of the ACA was removed when the individual penalty was effectively eliminated. 

By all reports, it seems certain that the ruling will be appealed.   Supporters and opponents of the ACA are gearing up for a battle over the ruling which could go up to the Supreme Court.  Until those appeals are decided, the ACA remains intact according to the White House. 

“We expect his ruling will be appealed to the Supreme Court,” said White House press secretary Sarah Huckabee Sanders.  “Pending the appeal process, the law remains in place.”

The Department of Health and Human Services echoed the White House’s comments in a statement this week saying “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. Therefore, HHS will continue administering and enforcing all aspects of the ACA as it had before the court issued its decision.” 

AHCA/NCAL will continue to monitor developments with the ACA and will keep members apprised of any changes with the law. 

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