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Prof Triggernometry
- Joined
- Feb 7, 2017
- Posts
- 67,792
It's about time. Should have happened years ago but John Roberts imagined himself as a legislator instead of a judge.
Individual mandate is unconstitutional, federal appellate court rules in Texas-led Affordable Care Act lawsuit
by Emma Platoff Dec. 18, 2019 Updated: 13 hours ago
The individual mandate, a critical provision of President Barack Obama’s landmark Affordable Care Act, is unconstitutional, a panel on the U.S. 5th Circuit Court of Appeals ruled Wednesday in a case that has pitted a conservative coalition of states led by Texas against a counter-team of blue states led by California.
A three-judge panel on the New Orleans-based appeals court shipped the rest of the law back to a federal district court in Texas, charging the judge there with reassessing how much of the sprawling legislation may stand without the individual mandate provision.
In February 2018, the Texas-led coalition asked a federal judge in Fort Worth to strike down the law as unconstitutional, arguing that the landmark health care law must fall in its entirety after Congress in 2017 gutted one of its major provisions, the individual mandate. The conservative-led states won an early victory in December 2018, when U.S. District Judge Reed O’Connor — who has a reputation for issuing rulings friendly to the conservative Texas Attorney General’s Office — ruled the entire law unconstitutional.
The case has long turned on that question of “severability” — if the individual mandate must fall, must the rest of the law fall with it?
https://www.texastribune.org/2019/12/18/5th-circuit-strikes-down-individual-mandate-obamacare/
Individual mandate is unconstitutional, federal appellate court rules in Texas-led Affordable Care Act lawsuit
by Emma Platoff Dec. 18, 2019 Updated: 13 hours ago
The individual mandate, a critical provision of President Barack Obama’s landmark Affordable Care Act, is unconstitutional, a panel on the U.S. 5th Circuit Court of Appeals ruled Wednesday in a case that has pitted a conservative coalition of states led by Texas against a counter-team of blue states led by California.
A three-judge panel on the New Orleans-based appeals court shipped the rest of the law back to a federal district court in Texas, charging the judge there with reassessing how much of the sprawling legislation may stand without the individual mandate provision.
In February 2018, the Texas-led coalition asked a federal judge in Fort Worth to strike down the law as unconstitutional, arguing that the landmark health care law must fall in its entirety after Congress in 2017 gutted one of its major provisions, the individual mandate. The conservative-led states won an early victory in December 2018, when U.S. District Judge Reed O’Connor — who has a reputation for issuing rulings friendly to the conservative Texas Attorney General’s Office — ruled the entire law unconstitutional.
The case has long turned on that question of “severability” — if the individual mandate must fall, must the rest of the law fall with it?
https://www.texastribune.org/2019/12/18/5th-circuit-strikes-down-individual-mandate-obamacare/
