Appeals court strikes ObamaCare mandate, sends case back to lower court – IOTW Report

Appeals court strikes ObamaCare mandate, sends case back to lower court

TheHill- A federal appeals court on Wednesday ruled that ObamaCare’s individual mandate is unconstitutional, but punted on the larger question of what it means for the rest of the health law.

The Fifth Circuit Court of Appeals in New Orleans remanded the case back to a federal judge in Texas to decide just how much of the rest of the Affordable Care Act (ACA), if any, is also unconstitutional.

“The rule of law demands a careful, precise explanation of whether the provisions of the ACA are affected by the unconstitutionality of the individual mandate as it exists today,” the justices wrote for the majority.

The 2-1 ruling is a victory for the coalition of 18 conservative attorneys general, as well as the Trump administration, which endorsed the challenge and declined to defend the law in court.

The ruling keeps the legal threat to ObamaCare alive, and could push the ultimate decision on the case past 2020. 

However, California Attorney General Xavier Becerra (D) vowed to challenge the ruling, meaning the Supreme Court could still decide to hear an appeal before the 2020 election. more

9 Comments on Appeals court strikes ObamaCare mandate, sends case back to lower court

  1. This story shall the good man teach his son;
    And Crispin Crispian shall ne’er go by,
    From this day to the ending of the world,
    But we in it shall be rememberèd—
    We few, we happy few, we band of brothers;
    For he to-day that sheds his blood with me
    Shall be my brother; be he ne’er so vile,
    This day shall gentle his condition;
    And gentlemen in England now a-bed
    Shall think themselves accurs’d they were not here,
    And hold their manhoods cheap whiles any speaks
    That fought with us upon Saint Crispin’s day.
    I piss on your tyranny from a considerable height
    I paid your fine
    To the last, I grapple with thee; From Hell’s heart, I stab at thee; For hate’s sake, I spit my last breath at thee.

    2

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