Federal Judge kills Obamacare
Posted by William A. Jacobson Friday, December 14, 2018 at 8:35pm
https://legalinsurrection.com/2018/12/federal-judge-kills-obamacare/#more-268118
If the ruling holds up on appeal, Obamacare is dead. As a doorknob. Not just the mandate or some other particular provisions. He killed the WHOLE THING
Reed O’Connor, a federal judge in the Northern District of Texas, just killed Obamacare.
ADVERTISING
If the ruling holds up on appeal, Obamacare is dead. As a doorknob. Not just the mandate or some other particular provisions.
He killed the WHOLE THING.
The Order (pdf.) is embedded in full at the bottom of this post.
Here’s the short version. Texas and other states sued to declare the individual mandate unconstitutional because in the recent tax reform the penalty for failing to pay the mandate was removed. With the removal of the mandate penalty, the mandate no longer was a function of Congress’ taxing power, which was the basis upon which John Roberts and the liberal Justices on the Supreme Court upheld the constitutionality of the mandate in 2012. The Court conservative and Roberts had ruled the mandate violated the Commerce Clause, but Roberts broke with the conservatives on the tax power issue.
But there’s more.
The district court ruled that the mandate was an essential and inseverable part of Obamacare. Because the mandate was held to be unconstitutional and inseverable, the judge held the remainder of Obamacare to be unconstitutional.
(Reactions and link to order at https://legalinsurrection.com/2018/12/federal-judge-kills-obamacare/#more-268118 )
Posted by William A. Jacobson Friday, December 14, 2018 at 8:35pm
https://legalinsurrection.com/2018/12/federal-judge-kills-obamacare/#more-268118
If the ruling holds up on appeal, Obamacare is dead. As a doorknob. Not just the mandate or some other particular provisions. He killed the WHOLE THING
Reed O’Connor, a federal judge in the Northern District of Texas, just killed Obamacare.
ADVERTISING
If the ruling holds up on appeal, Obamacare is dead. As a doorknob. Not just the mandate or some other particular provisions.
He killed the WHOLE THING.
The Order (pdf.) is embedded in full at the bottom of this post.
Here’s the short version. Texas and other states sued to declare the individual mandate unconstitutional because in the recent tax reform the penalty for failing to pay the mandate was removed. With the removal of the mandate penalty, the mandate no longer was a function of Congress’ taxing power, which was the basis upon which John Roberts and the liberal Justices on the Supreme Court upheld the constitutionality of the mandate in 2012. The Court conservative and Roberts had ruled the mandate violated the Commerce Clause, but Roberts broke with the conservatives on the tax power issue.
But there’s more.
The district court ruled that the mandate was an essential and inseverable part of Obamacare. Because the mandate was held to be unconstitutional and inseverable, the judge held the remainder of Obamacare to be unconstitutional.
(Reactions and link to order at https://legalinsurrection.com/2018/12/federal-judge-kills-obamacare/#more-268118 )