U.S. District Judge Reed O’Connor in Texas pulled the rug out from under Obamacare on Friday, deeming the Obama administration’s crowning achievement unconstitutional. Specifically, in Texas v. Azar, the new tax law nixing the “individual mandate” was determined to negate its prior constitutionality as ruled by the Supreme Court on the premise of being a “tax.” Senator Minority Leader Chuck Schumer (D-NY) predictably clutched his pearls declaring that if an appeal to the Supreme Court upholds this lower court ruling, it will be a “disaster for tens of millions of American families, especially for people with pre-existing conditions.” Starkly absent from Schumer’s consideration, unsurprisingly, are the tens of millions of Americans whose insurance premiums skyrocketed after Obamacare, leaving many to choose between health coverage and modern conveniences, such as food and shelter.
Here’s more from Washington Examiner…
A judge ruled Friday evening that Obamacare is unconstitutional, putting the future of the federal healthcare law in jeopardy.
The decision, issued by U.S. District Judge Reed O’Connor in the Northern District of Texas — a George W. Bush appointee — is likely to face an appeal to the Fifth Circuit. Obamacare will remain in place pending appeal.
The suit in the case, Texas v. Azar, was brought by 20 Republican state officials, who have asked that all of Obamacare be thrown out as a consequence of the new tax law, which zeroed out a penalty on the uninsured, known as the “individual mandate.” The officials argued that the penalty was central to making the rest of the law work, and that without it, the rest should crumble.
O’Connor appeared to sympathize with this argument in his opinion. He explained that he believed Congress would not have enacted Obamacare in the first place, with its various rules and taxes, without the mandate, and that the regulatory framework was intended to work together.