Judge grants stay after ruling Affordable Care Act unconstitutional, Obamacare stays in effect
A legal expert says “the odds are good” that an appeals court will overturn a Texas judge’s ruling that would, if upheld, wipe away the entire Affordable Care Act (Dec. 17)
WASHINGTON – A federal judge on Sunday said his decision declaring the Affordable Care Act unconstitutional will not take effect while the appeals of his ruling move through the courts.
U.S. District Judge Reed O'Connor wrote in a 30-page court filing that while he believes the Fifth Circuit Court of Appeals "is unlikely to disagree" with his ruling, he agreed to stay his decision because "many everyday Americans would otherwise face great uncertainty" while the appeals play out.
On Dec. 14, O'Connor sided with a coalition of conservative states in a lawsuit challenging the constitutionality of former President Barack Obama's signature health care law. He found that the individual mandate requiring people to buy health insurance was unconstitutional and said that meant the rest of the law was invalid as well.
In 2012, the Supreme Court upheld the law on the grounds that mandate fell within Congress' taxation powers. When Congress removed the tax penalty for not buying insurance, that constitutional foundation was knocked out, O'Connor reasoned.
The Trump administration announced in June that it would not defend the individual mandate and other provisions of the law – such as protections for people with pre-existing conditions. But the Justice Department argued those provisions of the law could be thrown out without striking down the entire. O'Connor disagreed.
A group of Democratic states and congressional Democrats have said they plan to appeal O'Connor's decision, which will next head to the Fifth Circuit. Although O'Connor did not grant an injunction blocking Obamacare in his initial ruling, the coalition led by California asked the judge on Dec. 17 to issue a stay and make it clear that the law will stay in place pending the appeal.
Many experts expect that appellate court to disagree with O'Connor's ruling that the individual mandate can't be separated from the rest of the law. If O'Connor's ruling is upheld it is expected that the case would head to the Supreme Court.
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