Effect of Judge Ruling Affordable Care Act Unconstitutional Delayed for Appeal

Effect of Judge Ruling Affordable Care Act Unconstitutional Delayed for Appeal

The Affordable Care Act, commonly known as Obamacare, has been a political football since it was conceived.

Robert Henneke, who represented Neill Hurley and John Nantz, two successful consumer-plaintiffs in the lawsuit, gave an exclusive interview to The Epoch Times. While the Trump administration said it did not agree with the plaintiffs that the tax law meant the entire ACA was unconstitutional, it said that the provisions of the law guaranteeing that people with preexisting health conditions could purchase coverage at the same price as everyone else were so inextricably linked to the tax penalty that they should be struck.

"We also look to encourage Washington to recognize this for the sea change that it is and to stand down".

In essence, the Trump Administration was left with the option of choosing the time when it would stop enforcing the law - that is when it would carry out the judge's ruling. "It is a proper role for the states". Medicaid, the federal-state program for low-income people, was expanded under the ACA.

Republicans have been on the defensive since the failure of their repeated efforts to dismantle Obamacare while having control of Congress and the White House.

However, the ruling has created uncertainty about the future of the ACA, even as many legal experts question O'Connor's reasoning and predict the ruling will get tossed out upon appeal. The decision risks throwing the nation's health care system into turmoil should it be upheld on appeal. A court injunction of some kind to temporarily forestall the administrative dismantling of the Affordable Care Act pending those appeals seems likely. A spokeswoman for Becerra vowed a quick challenge to O'Connor's ruling.

Officials with MNsure, the state of Minnesota's health insurance exchange, issued a statement Saturday that the court ruling "will not affect MNsure's open enrollment period, (Minnesotans') current coverage or their coverage in 2019".

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What's Next for Patients Covered Under the Affordable Care Act?

Worth, Texas that the ACA's individual mandate requiring all Americans to buy insurance is unconstitutional and can not be considered a tax, invalidating the rest of the law. "Congress acted previous year to repeal the mandate, but leave everything else in place and the courts should have deferred to that", tweeted former congressional GOP aide Chris Jacobs. He also wrote that it's clear the individual mandate is the linchpin of the law "without marching through every nook and cranny of the ACA's 900-plus pages". Sixteen states took the opposite position and argued the changed statute should be upheld.

"There's no reason why the individual mandate can't be struck down and keep all the good provisions" in the law, Collins said on CNN's "State of the Union". They claimed that when Congress past year repealed the tax penalty for the so-called individual mandate, it eliminated the U.S. Supreme Court's rationale for finding the ACA constitutional in 2012. It was an answer to a lawsuit brought by Republican governors who said that without a penalty, there is no "tax".

SOPA Images via Getty Images Senate Minority Leader Chuck Schumer (D-N.Y.) is urging Congress to say Friday's Affordable Care Act ruling should be overturned. The ruling was opposed by healthcare groups and, if upheld, threatens to throw insurance markets into chaos and strip coverage from tens of millions of Americans.

"While the ruling will certainly be appealed and will not impact insurance premiums or plans for next year, we have a rare opportunity for truly bipartisan health care reform that protects those with pre-existing conditions", said Rep. Greg Walden, R-Ore., departing chairman of the Energy and Commerce Committee.

"So all of that should start now and all of that can be happening now while litigation proceeds".

Since the law's formative stages amid concern about millions of Americans lacking health insurance, Republicans have opposed Obamacare, calling it a costly and unneeded government intrusion into Americans' lives.

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