OBAMACARE RULED UNCONSTITUTIONAL
On December 14, 2018, a Texas federal judge ruled that the Affordable Care Act (ACA) is unconstitutional. The basis was that the ACA's individual mandate is no longer binding, because Republicans repealed its financial penalties as part of the 2017 tax reform legislation. The Supreme Court had previously upheld the ACA by calling the mandate a "tax" that was within Congress's power, but the "tax" was reduced to zero by the 2017 tax reform bills. The federal judge also found that since Congress had said the individual mandate was crucial to the structure of the ACA, then all of the ACA must fall along with the mandate.
The ruling allows the ACA to currently remain in effect, and the case will undoubtedly be appealed and may be reversed. Even in the absence of a reversal, there will be a lot of interest on both sides of the aisle to work out a compromise resolution as public opinion has swung in favor of many aspects of the ACA.
Related Content
Get Email Updates
Recent Content

FCRA Litigation Challenges Employers’ Use of AI Hiring Platforms

The Dangers of Employers Using AI Research Tools as to Discovery Requests from Plaintiffs

Two Subsequent Cases Protect Defendant’s Use of AI as Subject to Work-product Protection

Is There Anything an Employer Can Do to Avoid Waiving Privileges in Using AI Research Tools?

Suggestions on Use of AI
