Judge rules Obamacare as unconstitutional

Democrats to appeal Texas verdict

December 15, 2018 10:58 pm | Updated 10:58 pm IST - Washington

Health care for all: An Obamacare sign displayed on the storefront of an insurance agency in Hialeah, Florida.

Health care for all: An Obamacare sign displayed on the storefront of an insurance agency in Hialeah, Florida.

A federal judge in Texas has ruled that the U.S. health-care law known as Obamacare is unconstitutional — a ruling that Opposition Democrats quickly vowed to appeal.

U.S. District Judge Reed O'Connor’s ruling came on the eve of the Saturday deadline to sign up for 2019 coverage in the federal health-care programme, known officially as the Affordable Care Act. The White House said it expects the case to be appealed to the Supreme Court. “Pending the appeal process, the law remains in place,” it said in a statement.

Upheld in 2012

At the U.S. Supreme Court, five justices in the nine-judge court who voted to uphold Obamacare in a separate case in 2012 are still on the bench.

Conservative Republicans have long opposed President Barack Obama’s landmark health-care plan which he signed into law in 2010. President Donald Trump made abolishing the programme one of his main campaign pledges.

The Texas-based judge said that the full Obamacare programme was unconstitutional because in last year’s tax overhaul, Congress eliminated a penalty for people who failed to sign up for the programme if they did not already have their own health insurance. The 2012 case was over whether such a penalty was legal — but now that it is gone, Judge O’Connor said the whole Affordable Care Act should be stricken down because that provision is “the keystone” of the programme.

Mr. Trump lost no time in tweeting his delight at the court’s ruling on a complaint brought by several Republican attorneys general and two Republican Governors.

“Wow, but not surprisingly, ObamaCare was just ruled UNCONSTITUTIONAL by a highly respected judge in Texas. Great news for America!” Mr. Trump wrote on twitter.

Angry Democrats vowed to fight back as they blamed Republicans for what they saw as a debacle that will leave millions of Americans without health care.

Polls consistently show that the ACA coverage guarantee regardless of pre-existing health conditions has strong popular support.

Judge O’Connor’s late Friday ruling “exposes the monstrous endgame of Republicans’ all-out assault on people with pre-existing conditions and Americans' access to affordable health care,” Nancy Pelosi said in a statement.

While the court’s “absurd ruling will be immediately appealed, Republicans are fully responsible for this cruel decision,” she said.

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