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 The basis was that the ACA's individual mandate is no longer binding, because Republicans repealed its financial penalties as part of the 2017 tax reform legislation.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

Supreme Court Allows Trump Administration to Proceed with Termination of CHNV Parole Programs

Supreme Court Lifts Injunction that Prohibited Removal of Venezuelans with 2023 TPS Designation, Status Of Haitians and Changes to TPS for Afghans

The EEOC and DOJ Issue Guidance on DEI

Considerations When Government Officials Show Up and Request to Meet with Individual Employees

How Jurors Evaluate the Fairness of an Employer’s Actions
