Published: Tue, December 18, 2018
Medicine | By Daryl Nelson

Federal Judge Ruled 2010 Affordable Care Act Unconstitutional

Federal Judge Ruled 2010 Affordable Care Act Unconstitutional

The Affordable Care Act, or Obamacare as it's commonly known, was signed by former US President, Barack Obama, in 2010 to offer health insurance to more US residents.

"It's absolutely ludicrous to hold that we do not know whether the 2017 Congress would have wanted the rest of the ACA to exist without an enforceable mandate, because the 2017 Congress did exactly that when it zeroed out the mandate and left the rest of the ACA standing", Yale Law School professor Abbe Gluck told the Washington Post. "Such an expansion could result in 1 in 3 Mississippians being on Medicaid and would balloon the state's associated cost burden". Employers will still be required to cover the young adult children of workers, and Medicare recipients will still get discounted prescription drugs. Warnings about the Texas lawsuit were part of the political narrative behind Democrats' electoral gains. She cautioned that facilities could see a drop in patient volumes and a rise in unpaid bills if people lose their health insurance.

A federal judge's ruling Friday that Obamacare is unconstitutional poses a threat to the credit quality of some US states, as well as to hospitals and insurance companies, S&P Global Ratings warned. An earlier Supreme Court decision upheld the ACA based on the view that the penalty was a tax and thus the law was valid because it relied on appropriate power allowed Congress under the Constitution.

The president added: "We'll have to sit down with the Democrats to do it, but I'm sure they want to do it also".

O'Connor issued his decision in response to a lawsuit by Republican officials in 20 states led by Texas Attorney General Ken Paxton.

The challenge to the ACA brought by Republican attorneys general is aimed at eliminating protections for pre-existing conditions, Kodjak says. Numerous high-ranking Republican lawmakers have said they did not intend to also strike down popular provisions such as protection for people with pre-existing medical conditions when they repealed the ACA's fines for people who can afford coverage but remain uninsured.

"I don't", Collins responded, quickly adding: "First of all, I would point out that this ruling is not going to affect people who are now enrolled or in Obamacare policies, or their policies for 2019".

Dick Durbin said on ABC's "This Week" that the ruling "didn't do the Republican Party any favour", as it will reawaken pressures for Republican unity behind a new healthcare policy.

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What does the federal court ruling mean? "If it's invalidated by the courts, it's not ..." We are not going back.

Earlier this year, CT tried to pass a state mandate, but the effort failed.

President Donald Trump was quick to take a victory lap, and pressed Senate Majority Leader Mitch McConnell (R-Ky.) and the presumed incoming House Speaker Nancy Pelosi (D-Calif.) to fix the problem. But Trump had no plan of his own to offer in the 2017 "repeal and replace" debate. Senator Joe Manchin, a West Virginia Democrat who won re-election in November on a pro-Obamacare platform, called the ruling "misguided and inhumane".

At least some of the law is already protected in CT.

Democrats were united in condemning the ruling.

"The GOP spent all a year ago pretending to support people with pre-existing conditions while quietly trying to remove that support in the courts, " Senate Democratic leader Chuck Schumer of NY said in a tweet Saturday. "What will stand is Republican ownership of such a harmful and disastrous lawsuit", Schumer tweeted.

Whether or not these potentialities take effect will depend on additional court actions in the coming months.

Then the White House issued this statement: "We expect this ruling will be appealed to the Supreme Court". "The notion that the unconstitutionality of an unenforceable mandate somehow requires toppling the entire ACA is bonkers". Obamacare has broad public support - its popularity has risen from 34 percent in 2014, when it went into effect, to an all-time high of 53 percent now.

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