Outraged Democrats vow to challenge court ruling that undercuts Obamacare

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18 December, 2018

"There will be no impact to enrollees' current coverage or their coverage in a 2019 plan".

Even some opponents of the health care law, including the Wall Street Journal editorial page, have said O'Connor went too far and predicted he would be reversed in the appeals process. "As the decision makes its way through the courts, which will take months, if not years, the law remains in place and will likely stay that way".

"Today's ruling is an assault on 133 million Americans with preexisting conditions, on the 20 million Americans who rely on the ACA's consumer protections for healthcare, on America's faithful progress toward affordable healthcare for all Americans", Becerra said Friday.

So Obamacare is dead, right? In that form, he decided only that particular lawsuit.

Presumably, Schumer will resurface a bill from earlier in the summer, which, if passed, would allow Senate Democrats to file their own motions in the ongoing federal litigation over ACA, "instructing" the court in how certain Democrats viewed the litigation when they were voting on it back during the Obama Administration - but it's a long shot.

Thus, in essence, the decision is as binding as any other federal court ruling.

US health-care stocks are poised for a potentially ugly trading session Monday as investors weigh in on a judge's ruling that Obamacare is unconstitutional. If the 5th Circuit agrees with O'Connor, high court review becomes very likely because the justices nearly always weigh in when a federal law has been struck down. But the judge also held that because the ACA is not financially viable without the mandate, the entire law had to be struck down. Texas has the highest number of children without health care coverage in the country, a recent report showed, and the highest overall uninsured rate in 2016.

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

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One thing that may happen now, perhaps as soon as this week, is that some or all of the 16 states (and Washington, D.C.) that entered the case to defend Obamacare's constitutionality will attempt to get Judge O'Connor's decision formally postponed while they appeal.

Still, it remains unclear how they might rule in the new case. If he refuses, they can then ask the U.S. Court of Appeals for the Fifth Circuit.

"It's time to get started now, not to wait for the ultimate outcome of this case", Rob Henneke, general counsel with the Austin-based Texas Public Policy Foundation, said in a call with reporters Monday morning. In the former decision, Chief Justice Roberts concluded for the majority that the ACA penalty against those who do not carry health insurance is constitutional because Congress has "the power to impose a tax on those without health insurance".

The 2,000-page law covers a vast array of other health-care issues, touching nearly every part of the health-care industry in the United States, including whether insurers must cover people with preexisting conditions.

Trump tweeted Friday night that "Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions".

The judgment has been hailed as a victory by U.S. President Donald Trump who has always been fiercely critical of Obamacare.

Healthcare, as a federal entitlement, has deeply divided the two major political parties, especially since Obamacare was first enacted in 2010. He ruled that the insurance requirement was "essential to and inseverable from the remainder of the ACA". The constitutional story is still being written. But he spent the majority of the post countering the media's reporting, which accurately detailed the judge's ruling as wholly gutting Obamacare. The Special Briefing tells you what you need to know about an important issue, individual or story that is making news. If those requests were granted, all of Obamacare would cease to exist.


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