USA federal judge rules Obamacare unconstitutional

BREAKING NOW: Federal Judge Rules 'ENTIRE' Affordable Care Act Unconstitutional

US Federal Judge Rules Obamacare Unconstitutional

U.S. District Judge Reed O'Connor in Fort Worth agreed with a coalition of 20 states that a change in tax law past year eliminating a penalty for not having health insurance invalidates the entire Obamacare law. "It also stated that the absence of the individual mandate would "undercut" its 'regulation of the health insurance market'".

"The court recognized that the individual mandate penalty is unconstitutional, found that the entirety of the act could not be separated from the individual mandate penalty, and as a result, entered a judgment that the entirety of the affordable care act is invalid", Henneke said in an interview with the Star-Telegram on Friday.

A spokesperson for California Attorney General Xavier Becerra said defendant states will appeal the decision.

California and Democratic officials in 14 states, along with the District of Columbia, won permission to defend ACA in the Fort Worth case when the Trump administration sided with the states seeking to dismantle it. In Wisconsin, an incoming Democratic attorney general, Josh Kaul, campaigned on a promise to withdraw the state from the lawsuit, but Wisconsin's Republican legislature and outgoing Gov. Scott Walker, R, have tried in a lameduck session to block his ability to do that.

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With the mandate's repeal, the U.S. Supreme Court's 2012 ruling that Obamacare was constitutional could no longer be considered valid.

"The Court finds the Individual Mandate "is essential to" and inserverable from "the other provisions" of the ACA", O'Connor wrote in his ruling, as Vox reported. "No one wants to go back to the days of 20% of the population uninsured and fewer patient protections, but this decision will move us in that direction". In any case, it looks like Obamacare's future will once again depend on the courts.

The case is the most high-profile legal challenge to "Obamacare" under President Donald Trump.

In the decision, O'Connor denied the proposed injunction but agreed with Paxton and the plaintiffs that the act is unconstitutional.

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But the administration maintained those parts of the law were severable and the rest of the Affordable Care Act could remain in place.

On Friday, Henneke said the judge made the right decision, although the judgment will nearly certainly be appealed. The states said the rest of the law should fall with it, including protections for people with preexisting medical conditions like cancer or diabetes. Also, they said that eliminating Obamacare or the protections for those with pre-existing conditions would harm millions of Americans.

Under the law's community rating provision, insurers are not allowed to set premiums based on a person's health history.

In Virginia, they're expanding Medicaid, so you have got tens of thousands, more than 100,000 people who were getting ACA coverage who will now be able to get Medicaid. The conservative judge had previously ruled against other Obama-era policies.

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