Dems lash out at judge for ruling Obamacare unconstitutional

Medicine bottles

After a federal judge said Friday that the Affordable Care Act was invalid given the vote by Republicans in Congress earlier this year to effectively repeal the law's individual mandate, several of those Republicans were hesitant to celebrate the ruling on Sunday.

The ruling by US District Judge Reed O'Connor found that because the tax cut passed by congressional Republicans in 2017 invalidated the ACA's "individual mandate", the remaining provisions of the law are unconstitutional.

"Regrettably it was blocked, much to my surprise, by a member of the Democratic leadership", she said.

Trump was speaking after a short tour in the rain of Arlington National Cemetery, where hundreds of thousands of Holiday wreaths are placed each year next to the graves of veterans.

Trump immediately tweeted that the ruling struck Obamacare down as an "unconstitutional disaster" and called for Congress to pass a "strong" health care bill that would cover pre-existing conditions - an issue that Democrats have criticized Republicans for not paying enough attention to. There is not now a viable alternative to the law that can pass the House and Senate and get signed into law by President Trump.

They argue that the tax law changes do not mean that the whole Affordable Care Act becomes unconstitutional. Our guess is that even the right-leaning Fifth Circuit Court of Appeals judges will overturn Judge O'Connor on this point.

In the meantime, the ruling, which came a day before the signup deadline, will have no immediate impact on coverage since no injunction has been filed. Schumer went further and said if "a majority of the House and a majority of the Senate say that this case should be overturned, it'll have a tremendous effect on the appeal".


"While we are disappointed in the recent Northern District of Texas court's ACA ruling, we recognise that this is a first step in what will be a lengthy appeals process", Molina Healthcare said.

"It's an very bad, terrible ruling, and we're going to fight this tooth-and-nail, and the first thing we're going to do when we get back there in the Senate is urge - put a vote on the floor urging an intervention in the case", Schumer said on NBC's "Meet the Press".

The ACA remains legally intact and enforced, although the case is likely to again makes its way to the United State Supreme Court.

The Supreme Court upheld the Affordable Care Act in 2012. The ACA also secured more money for Native American health care and made significant changes to allow for generic drugs and to provide funding for Medicare. While the issue mostly played to the advantage of Democrats, one of the Republican plaintiffs, Missouri Attorney General Josh Hawley, defeated Democratic incumbent Sen. After Trump ordered the Justice Department to stop defending the health law, a coalition of ACA-supporting states took up the defense.

"Lots of Republicans were running ads during the midterms saying they were the ones who were going to protect people's health care, and specifically protect people with pre-existing conditions", Kodjak says.

"Now, thanks to clever venue shopping and the support of President Trump, the politicians who brought this suit have scored a political victory, but I suspect their legal victory will be short-lived", he said in a statement. Across the aisle, Senate Minority Leader Chuck Schumer (D-NY) urged Congress to vote to intervene on the side the ACA.

"It affects nearly everyone in America", said Tim Jost, a specialist in health law and a professor emeritus at Washington and Lee University.

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