Accessibility Tools

Skip to main content

OBAMACARE RULED UNCONSTITUTIONAL

Written on .

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  The basis was that the ACA's individual mandate is no longer binding, because Republicans repealed its financial penalties as part of the 2017 tax reform legislation.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

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

Recent Content

security vehicle
DHS announced the termination of all categorical family reunification parole programs for nationals of Colombia, Cuba, Ecuador, El Salvador…
ethiopia
DHS announced the termination of Temporary Protected Status (TPS) for Ethiopia, effective February 13, 2026. The previous expiration date w…
files stacked
Employers have varied practices regarding what materials to add to employee personnel files, but such materials generally include on-boardi…
electronic devices
Many employers have not adequately considered that business-related communications exist on personal employees’ cell phones and other devic…
mechanical calculator printer
A settlement agreement of a discrimination case can be instrumental in determining its tax treatment.  First, any portion of the settlement…
clock and calendar
Employers should be aware that the federal COBRA law requires employers with 20 or more employees to allow workers to temporarily continue…