Susan Collins says Texas ruling on Obamacare will be overturned

by Garry Watts December 18, 2018, 0:57
Susan Collins says Texas ruling on Obamacare will be overturned

The states that launched this case said the coverage mandate became unconstitutional when the penalty for not having coverage was reduced to zero dollars, and that the rest of the Affordable Care Act could not be separated from the mandate, the Times reported.

U.S. District Judge Reed O'Connor in Fort Worth agreed with a coalition of Republican states that the law needed to be eviscerated after Congress past year zeroed out a key provision - the tax penalty for not complying with the requirement to buy insurance.

That lawsuit cited a 2012 U.S. Supreme Court decision that upheld the mandate as being within Congress' taxation power, saying that the law can't be severed from the tax. The law still works without it. Congress in its wisdom has declared that it's severable, has said, look, we're going to keep the law but remove the mandate penalty.

The former president tried to be reassuring after a federal judge in Texas ruled the entire law unconstitutional on Friday night. "The Individual Mandate is essential to and inseverable from the remainder of the ACA". Supreme Court observers noted that the highest court decided on this case already in 2012, ruling at the time that the individual mandate was constitutional because people who didn't buy health insurance would be taxed for it.

The ruling came hours before the ACA's final open enrollment day to get health coverage next year. "We should be expanding access to health insurance, including behavioral health services, rather than stripping coverage from Americans in need". The law remains in place for the foreseeable future, but it certainly stands on shakier ground today than it did just a few days ago. Many Republican attorneys general filed a lawsuit alleging that the policy is unconstitutional.

A group of 17 Democratic attorneys general stood in to defend the law during the Texas litigation, and have announced that they will continue their fight at the appellate court level.

Maryland Attorney General Brian Frosh launched a counterattack September 13 to save Obamacare, seeking a judgment that the Affordable Care Act is constitutional and a court order barring the US from taking any action inconsistent with that conclusion.

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Finally, Republicans might not want to celebrate the ACA's demise until we know for sure what will follow it. "Laws like changing how doctors are being paid, improving the quality in hospitals, investing in better workforce for the health care system", Emanuel continued. O'Connor said the tax bill passed by Congress last December effectively rendered the entire health law unconstitutional.

Nearly exactly one year after passing the tax-reform package that eliminated the individual mandate in ObamaCare, Republicans got the ruling they wanted on Friday. O'Connor's decision is likely to be appealed, numerous healthcare experts have said.

"The thing to remember about the judge's ruling is it has no immediate impact", he said. Americans should have the ability to buy a health plan that meets their needs, rather than what Washington tells them. "The Republicans have no alternative to the Affordable Care Act, and they've been refusing up until this point to even sit down sit down (to discuss) improvements and changes", Durbin said.

While ACP hopes and anticipates that this decision by a single federal judge in Texas will be reversed on appeal, we take nothing for granted and will be doing all that we can to ensure that patients do not lose current law protections. "A confirming Supreme Court Decision will lead to GREAT HealthCare results for Americans!"

The proliferation of such low-priced plans could raise the cost of ACA-compliant plans, Kaiser says, by drawing away younger, healthier people who do not think they need strong coverage, leaving a more costly, sicker group in the ACA-compliant pool.

She vowed that when Democrats take control of the House next month, lawmakers "will move swiftly to formally intervene in the appeals process" to uphold Obamacare.

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