The budget busting, premium-hiking monster that is ObamaCare may finally be slain:
A judge ruled Friday evening that Obamacare is unconstitutional, putting the future of the federal healthcare law in jeopardy.
The decision, issued by U.S. District Judge Reed O’Connor in the Northern District of Texas — a George W. Bush appointee, is likely to face an appeal to the Fifth Circuit. Obamacare will remain in place pending appeal .
The suit in the case, Texas v. Azar, was brought by 20 Republican state officials, who have asked that all of Obamacare be thrown out as a consequence of the new tax law, which zeroed out a penalty on the uninsured, known as the “individual mandate.” The officials argued that the penalty was central to making the rest of the law work, and that without it, the rest should crumble.
O’Connor appeared to sympathize with this argument in his opinion. He explained that he believed Congress would not have enacted Obamacare in the first place, with its various rules and taxes, without the mandate, and that the regulatory framework was intended to work together.
“Congress stated many times unequivocally — through enacted text signed by the president — that the individual mandate is ‘essential’ to the ACA,” he wrote of the Affordable Care Act, the formal name for Obamacare. “And this essentiality, the ACA’s text makes clear, means the mandate must work ‘together with the other provisions’ for the Act to function as intended.”
O’Connor was talking about the Obama administration’s argument that the mandate could not be severed from the rest of the law in a 2012 Supreme Court case. In his opinion, he elaborated on the different ways that Obamacare had been challenged in court and in Congress.
“It is like watching a slow game of Jenga, each party poking at a different provision to see if the ACA falls,” O’Connor wrote.
The “death of a thousand cuts” approach undertaken by congressional Republicans and the Trump Administration may finally be bearing fruit. Remember that the central conceit that allowed the Supreme Court to find ObamaCare constitutional in National Federation of Independent Business vs. Sebelius was treating the individual mandate as a tax, and the individual mandate was repealed in 2017.
Consider how radically the political environment has changed. Many of the baleful effects Republican foresaw for ObamaCare (spiraling premiums and declining choices) have come to pass. Also, in chasing their Russian collusion fantasy, the Democratic Media Complex has had precious little bandwidth to expend on extolling the supposed wonders of ObamaCare. Chief Justice John Roberts may well feel that he has a chance to undo a mistake in being the deciding vote in the originalSebelius decision now that the political pressure and scrutiny has lessened.
Texas vs. Azar may deliver ObamaCare the mercy killing it so richly deserves.