Accessibility Tools

Skip to main content

WILL OBAMACARE LAST?

Written on .

There is an important case pending before the Fifth Circuit U.S. Court of Appeals, dealing with whether ObamaCare will survive or instead be declared unconstitutional.  Last December, a Texas federal judge invalidated the entire law, after Congress in 2017 passed a law that reduced the penalty provisions to employees for being uninsured to $0.  It is argued that this leaves the ACA as a stand-alone command to buy an insurance product that the federal government deems suitable, but it does not raise any revenue, and thus cannot be considered the "tax" aspect that was necessary to sustain its constitutionality under an earlier Supreme Court ruling.  Two of the three judges on the appeals court indicated that they were dubious that without the mandatory provisions the law would be constitutional.  Even if portions of the law should be invalidated, however, other unrelated portions may remain, and in any event the issue is likely to eventually go back to the U.S. Supreme Court.

In a related development, the Administration announced on 6/13/19 a plan to let employees use special pre-tax health arrangements known as HRAs, which are funded by employers with pre-tax dollars, to buy individual insurance, including policies that do not comply with the ACA provisions.  The starting date for the plan is January 2020.  While the plan may expand coverage to another one million people previously uninsured, critics say the approach may encourage consumers to pull out of the ACA insurance pool.

Related Content

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.

Recent Content

a longhorn cow grazing outdoors in grass field
On November 15, 2024, in Commerce v. USDOL, a federal district court in Texas invalidated a Biden Administration regulation that had atte...
a group of people crossing the street
The Fair Labor Standards Act (FLSA) includes provisions known as the white-collar exemption, which carves out certain "executive, adminis...
aircraft carrier at sea
Many employers believe they know the ins and outs of handling maternity leave and military leave, but some issues are now rising that bea...
inclusive sign
Supposedly the oldest magazine in continual publication, The Economist, published in London, has devoted its September 21-27, 2024, editi...
ripped american flag
Many politicians are running on pro-union platforms and often say unions are good for our economy.  But look at what is going on right no...
person using a laptop computer on a desk indoors
A recent development is the shift of employers to the use of online job applications.  Another relatively recent development is the use o...