Federal judge in Texas rules ObamaCare is unconstitutional

15 December, 2018, 08:01 | Author: Joshua Bennett
  • Texas judge dismantles Obamacare ruling individual mandate unconstitutional

U.S. District Judge Reed O'Connor in Fort Worth, Texas, a George W. Bush appointee, sided with a group of Republican Attorneys General and other GOP officials from 20 states, led by Texas, that without the individual mandate, the law itself is unconstitutional.

"The lawsuit had to do with whether when Congress previous year repealed or eliminated the penalty for not having insurance - it was a tax penalty for people who didn't have insurance - whether that meant the rest of the law didn't apply anymore".

Twenty Republican-led states brought the lawsuit.

The Texas court ruling came a day before the deadline for Obamacare enrolment for the coming year.

"Congress stated many times unequivocally - through enacted text signed by the president - that the individual mandate is "essential" to the ACA", O'Connor wrote.

"There is nothing more American than ensuring that every citizen has access to the lifesaving and necessary health care they need".

President Trump, who lambasted his own party for failing to repeal and replace the law as promised, applauded the decision.

The judge's decision vindicates President Trump's position that Obamacare is unconstitutional. The Supreme Court's reasoning in NFIB-buttressed by other binding precedent and plain text-thus compels the conclusion that the Individual Mandate may no longer be upheld under the Tax Power.

In his ruling Friday, O'Connor agreed with Republicans that with the tax aspect of the law scheduled for elimination starting January 2019, the 2012 ruling's defense of the law is invalidated, making the entire law unconstitutional.

"We'll continue to fight in court for New Yorkers and all Americans", she said on Twitter.

Ohio Senator Sherrod Brown tweeted: "This decision threatens the health coverage of 20 million people and undermines pre-existing condition protections for all Americans".

Seema Verma, the administrator of the Centers for Medicare and Medicaid Services, told reporters in November that the administration had contingency plans in place for a ruling if the law was overturned, but declined to elaborate on them. "It will destabilize health insurance coverage by rolling back federal policy to 2009".

The American Medical Association called O'Connor's ruling an "unfortunate step backward for our health system that is contrary to overwhelming public sentiment to preserve pre-existing condition protections".

He followed that missive with another celebratory tweet, demanding that House Speaker-Designate Nancy Pelosi (D-Calif.) and Senate Majority Leader Mitch McConnell (R-Ky.) immediately work on replacement legislation that will protect pre-existing conditions and provide great health care.

Since Judge O'Connor did not issue an injunction, the Affordable Care Act and its provisions will remain intact for the time being, meaning no one with an insurance plan via the ACA will lose coverage.


  • Langer ready for pacey track in second India Test

    Langer ready for pacey track in second India Test

    However, it was his erratic radar and failure to capture wickets or build pressure with the new ball that has troubled Warne. Their training, preparation and hunger to learn and improve is something I've been extremely impressed with.
    Russian Federation  says detained Ukrainian sailors not war prisoners

    Russian Federation says detained Ukrainian sailors not war prisoners

    U.S. ships can only be in the Black Sea for 21 days under the Montreux Convention, the broadcaster said. Since then, Washington has sought to show its support for Ukraine while condemning Russian actions.
    Guess the 2nd Most Searched Song of 2018: ‘Daru Badnaam’

    Guess the 2nd Most Searched Song of 2018: ‘Daru Badnaam’

    The top five list includes "supermarkets near me", "gas stations near me", "cashpoint near me", and "car dealers near me". More unusually, also on the list is GDPR , the new European data protection legislation introduced in May.
  • Woman accused of being Russian agent appears to reach plea deal

    Woman accused of being Russian agent appears to reach plea deal

    The charge to which Butina is set to plea requires foreigners working for their government to register with the U.S. Justice Department and it has been used in the past to prosecute foreign intelligence officers.
    Fox's Napolitano: Trump Could Be Charged, Indicted

    Fox's Napolitano: Trump Could Be Charged, Indicted

    Trump has denied wrongdoing and has compared the investigations to a "witch hunt". "Cohen just trying to get his sentence reduced. Schiff did not rule out that Trump may become "the first president in quite some time to face the real prospect of jail time ".
    Elon Musk Is Real Pissed He Can't Just Tweet Whatever Anymore

    Elon Musk Is Real Pissed He Can't Just Tweet Whatever Anymore

    None of his tweets have been censored since the settlement , he says, and he also says no one is reading them before they go out. Musk said the long-awaited $35,000 version of the Model 3 will "probably" be available in five to six months.
  • House sends Farm Bill to President

    House sends Farm Bill to President

    Senate Majority Leader Mitch McConnell (R-Ky.) applauded the hemp provision as a big boost for the agricultural industry. As a commodity, hemp would be eligible for crop insurance, which has not been available.
    Detention of Huawei CEO sparks strong protest from China

    Detention of Huawei CEO sparks strong protest from China

    She allegedly assured USA banks that Huawei and Skycom were different companies but prosecutors say they were one and the same . In the UK-another Five Eyes member state, the BT Group telecom giant has said it will also not use Huawei in its 5G network.

    "Messi has only one skill", claims Brazil legend

    Three-time World Cup victor Pele had a talk to his fellow Santos product about his actions, which he found tough to reconcile. O Rei also said he is in better health after some surgeries over the past year, but is not yet 100%.
  • Taylor Swift Has Been Monitoring Stalkers At Her Concerts Using Facial Recognition

    Another was arrested outside her Beverly Hills home with a knife in his vehicle as well as a mask. Swift announced on Thursday that a concert film of the tour is heading to Netflix .
    Why pictures of Donald Trump appear on Googling ‘idiot?’ Congresswoman asks Pichai

    Why pictures of Donald Trump appear on Googling ‘idiot?’ Congresswoman asks Pichai

    The phenomenon is known as "Google bombing", and has affected many other famous names in the past. Nadler called the notion of bias a "delusion" and a "right-wing conspiracy theory".
    Looking at third teams for a Lakers, Suns trade

    Looking at third teams for a Lakers, Suns trade

    The Suns" desire, is "to land a playmaking guard and a draft asset as the price of unloading Ariza'. In 24 games this season, Ariza is averaging 9.7 points per game to go along with 5.5 rebounds.


China, US discuss next stage of trade talks
China has reportedly proposed cutting tariffs on US-made cars to 15%, the same tax levied on vehicle imports from other countries. China's Finance Ministry didn't respond to a request for comment.

Brexit: People's Vote campaign urges Corbyn to call no-confidence vote
This morning, Downing Street said that Mrs May would bring her Brexit deal back before the House of Commons 'before January 21'. May declined to rule out the idea of a no-deal departure, saying: "The way to ensure there is no no deal is to agree a deal".

Russia Considers Deploying Military Aircraft in Venezuela Long Term, Media Reports
The Kremlin responded to Pompeo's comments, calling them "unacceptable" and "highly undiplomatic for a secretary of state".

US arrests 32 at San Diego border demonstration
The arrests marked the second confrontation with US federal agents since the migrant caravan reached Tijuana. About 300 people participated in the demonstration organized by the American Friends Service Committee.

Radio welcomes ACCC recommendations for greater oversight of digital platforms
Digital advertising has increased substantially in Australia in recent years, rising from less than $1 billion in 2005 to nearly $8 billion in 2017.

Longtime friends LeBron James and Dwyane Wade face off one last time
LeBron James will face Dwyane Wade one last time tonight (10/12), when the Los Angeles Lakers welcome the Miami Heat. This will be one of my favorite post game reports of the year. "One of the best movies you could ever see".

Liverpool’s Georginio Wijnaldum sends a message to Man City
Jurgen Klopp said "We have to develop always, and to confirm and to improve again on a 41-goal [sic] season". Everybody would struggle a little bit with it. "If someone gives you the chance you have to take it.

Galaxy S10 Lite, S10 & S10+ Sketches And Display Sizes: Leak
The Samsung Galaxy A8s has a 6.4 inch, 2340 x 1080 pixel display with a 19.5:9 aspect ratio and slim borders on the top and sides. At the back, there is a triple camera setup stacked vertically, and a fingerprint scanner situated in the centre.

Thomas Markle Weighs In on Meghan and Kate's Alleged Feud
Kate Middleton and Prince William's fairytale wedding in 2011 marked the beginning of a new age for England's royal family. Meghan's father, a former lighting director in Hollywood, explains that he "taught" her better than that.

Spotted In Udaipur, Hillary Clinton. It's Isha Ambani's Pre-Wedding Bash
B-town celebs including Salman Khan , Katrina Kaif , Priyanka Chopra, Nick Jonas, Karan Johar and others have headed to Udaipur. In this season of mega weddings, the Ambanis have definitely raised the bar when it comes to hosting a sangeet ceremony.