Last week, an appeals judge kept in place a lower court ruling holding that ObamaCare’s individual mandate was no longer constitutional, since a 2017 bill stripped it of its ability to generate tax revenue.
This tax revenue is how the Roberts-led Supreme Court majority upheld Obama’s top achievement. The mandate would not have been legal otherwise, but the court ruled that the mandate contained a tax, which made it constitutional.
Constitutional scholars always questioned that decision, but one thing is now clear: the judge’s ruling places the entire ObamaCare law at risk of being overturned, and two courts have now affirmed this decision.
Naturally, Democrats are in panic mode. A coalition of blue states that is seeking to stop this lawsuit is appealing — and they will go all the way to the Supreme Court to get relief.
Making matters more complicated, the appeals court did not rule on whether the rest of the law could stand. It will go back to the trial court to see whether that is possible.
At this point, only thing thing is certain: this case is going to drag on for a long time — well into President Trump’s second term, should he be re-elected. Blue states are simply hoping he isn’t and they can run out the clock before a final court decision can be made.
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