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Trump Celebrates Obamacare Strike Down — Read the Judge’s Controversial Decision Here

On Friday, President Donald Trump celebrated a Texas judge’s decision to strike down the entire Affordable Care Act (ACA) as unconstitutional.

“As I predicted all along, Obamacare has been struck down as an UNCONSTITUTIONAL disaster!” Trump tweeted. He also called on Congress to pass health reform that would include protections for pre-existing conditions — one of the most prominent features of the ACA.

At first glance, Judge Reed O’Connor’s decision seemed unusual in that it relied on a provision that the Supreme Court already approved in 2012.

Justice John Roberts controversially ruled that the ACA’s individual mandate passed constitutional muster since it was an extension of Congress’ tax power. But after Trump repealed the monetary penalty assigned to the individual mandate, it was no longer a form of taxation.

“In some ways, the question before the Court involves the intent of both the 2010 and 2017 Congresses,” he said, referring to the Congresses that passed the ACA and Trump’s tax cuts. “The former enacted the ACA. The latter sawed off the last leg it stood on.”

Read his decision below:
TX v Us Aca Ruling Dec 14 2018 by on Scribd

I’m reading TX v Us Aca Ruling Dec 14 2018 on @Scribd

Trump Celebrates Obamacare Strike Down — Read the Judge’s Controversial Decision Here

O’Connor ruled that because the individual mandate couldn’t be severed from the landmark health law, the entire ACA was unconstitutional.

The decision came just before Saturday’s deadline for enrollment in the program. According to healthcare reporter Sarah Kliff, the decision didn’t end enrollment or completely invalidate the law:

According to The New York Times, the Justice Department declined to defend the individual mandate but said it would defend the provision protecting individuals with pre-existing conditions.

In response, California led a coalition of 16 states seeking to challenge the ruling in an appeals court.

“Today’s ruling is an assault on 133 million Americans with pre-existing conditions, on the 20 million Americans who rely on the ACA’s consumer protections for health care, on America’s faithful progress toward affordable health care for all Americans,” California attorney general Xavier Becerra said.

As IJR previously noted, the Trump administration failed to repeal the law through Congress but was able to enact several executive actions that severely weakened the ACA.

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