A federal judge just ruled ‘no’ and former President Barack Obama is shellshocked. He can’t believe this happened to him, and his fellow Democrats are panicking as well. This is incredible.
The fight over Obamacare isn’t over yet. The U.S. Court of Appeals for the Fifth District has ruled that Obamacare’s individual mandate is unconstitutional — setting up a likely case at the Supreme Court.
“The individual mandate is unconstitutional because it can no longer be read as a tax, and there is no other constitutional provision that justifies this exercise of congressional power,” said the court.
Americans will remember that as part of the GOP tax reform plan, the mandate forcing individuals to obtain health insurance or suffer a penalty was scrapped. That is what is being referred to here.
“On the severability question, we remand to the district court to provide additional analysis of the provisions of the ACA as they currently exist,” the court continued.
The question is now whether the rest of the law can be upheld without the mandate (i.e. severability). The case has been sent back to a district judge who previously found the entire law unconstitutional.
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