Judge says Obamacare can stand while appeal is heard

01/03/2019 04:00 | NaN

Judge says Obamacare can stand while appeal is heard

U.S. District Judge Reed O'Connor, who ruled December 14 that the ACA is unconstitutional due to its individual mandate, said the law will remain in place during the appeal process, according to The Hill.

Meanwhile, Texas Attorney General Ken Paxton, who spearheaded the group of Republican states that sought to bring down the law, said Sunday that he is "eager to defend the district court's ruling declaring Obamacare unconstitutional".

O'Connor said "everyday Americans would otherwise face great uncertainty" if he didn't allow the ACA to stand during the appeals process. The Republican President, Donald Trump had failed several times previous year with the attempt, Obamacare should be abolished.

"I've been very critical of Judge O'Connor's severability analysis, but the standing analysis in these opinions may be even worse - and that's saying something", wrote Jonathan Adler, a Case Western Reserve University law professor who led a separate ACA challenge. O'Connor's decision said the demise of the mandate rendered the entire law invalid because it could not be severed from the mandate. "The former enacted the ACA".

California Attorney General Xavier Becerra, one of the defending attorneys general, has called the ruling an "assault on 133 million Americans with preexisting conditions".

In entering a partial final judgement and stay, O'Connor said Congress can sever the individual mandate from the ACA, but that the courts cannot do that. "Today the judge granted what we asked for when we filed our expedited motion but at the end of the day, we're working to keep healthcare affordable and accessible to millions of Americans, so we march forward".


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