Whitey Ford
12-18-2019, 10:01 PM
ObamaCare rule, setting up Supreme Court showdown
https://i.imgur.com/NcdAfYM.jpg
A federal appeals court upheld a lower court’s ruling that a key aspect of the ObamaCare law is unconstitutional -- setting up another likely Supreme Court showdown in a presidential election year.
The 5th Circuit U.S. Court of Appeals by a 2-1 vote concluded the original law’s key funding mechanism known as the individual mandate — requiring most Americans to purchase health insurance or face a tax penalty — was properly eliminated by Congress and therefore the entire law could not be enforced.
The appeals panel sent the issue back to the lower court to decide whether other aspects of the Affordable Care Act must fall.
“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,” the ruling said. “On the severability question, we remand to the district court to provide additional analysis of the provisions of the ACA as they currently exist.”
https://www.foxnews.com/politics/federal-appeals-court-strikes-down-obamacare-law-setting-up-supreme-court-showdown
https://i.imgur.com/NcdAfYM.jpg
A federal appeals court upheld a lower court’s ruling that a key aspect of the ObamaCare law is unconstitutional -- setting up another likely Supreme Court showdown in a presidential election year.
The 5th Circuit U.S. Court of Appeals by a 2-1 vote concluded the original law’s key funding mechanism known as the individual mandate — requiring most Americans to purchase health insurance or face a tax penalty — was properly eliminated by Congress and therefore the entire law could not be enforced.
The appeals panel sent the issue back to the lower court to decide whether other aspects of the Affordable Care Act must fall.
“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,” the ruling said. “On the severability question, we remand to the district court to provide additional analysis of the provisions of the ACA as they currently exist.”
https://www.foxnews.com/politics/federal-appeals-court-strikes-down-obamacare-law-setting-up-supreme-court-showdown