Obamacare Will 'Likely' Survive Judge's Ruling, Obama Tweets

HABesen  Getty Images

HABesen Getty Images

The article also described how, as a result of the decision, the Republican caucus is likely to be split between hardline conservatives who insist that Obamacare should be repealed and pragmatists who don't want to alienate voters who benefit from its provisions. The law could now be headed to the top court for the third time. During a panel event previous year about how the legislation passed, turning over a sixth of the US economy to the government, Gruber admitted that the Obama administration went through "tortuous" measures to keep the facts about the legislation from the American people, including covering up the redistribution of wealth from the healthy to the sick in the legislation that Obamacare is in fact a tax. And, if we're really #blessed, Donald Trump's rage at 20 million Americans not losing their health coverage will induce a presidential stroke. A number of states intervened in the lawsuit, arguing that the individual mandate remains constitutional.

On Friday, a federal judge declared ObamaCare unconstitutional, following a Republican challenge. The rest of the law can not be separated from that provision and is therefore invalid, he wrote. The ruling comes after Republicans stripped out the Obamacare individual mandate a year ago and GOP state attorney generals filed a lawsuit against the legislation.

The filing acknowledged that the Trump administration has said it will continue enforcing the ACA as the appeals process progresses.

Congress is unlikely to act while the case remains in the courts.

"When Democrats forced Obamacare down the throats of the American people on a purely partisan basis, they threatened that the law needed to be passed so that people could find out what was in it", House Majority Whip Steve Scalise, R-La., said on Twitter on Friday.

"Judge O'Connor's opinion was legally indefensible from start to finish", Laurence Tribe, a professor at Harvard Law School, told Salon by email. That would enable the intervening defendants to appeal.

"It looks like the ruling is weak and it's probably not going to be upheld by 5th Circuit, the Court of Appeals, or even the Supreme Court", Kirkwood says.

This would put Roberts in a potentially awkward spot.

A federal judge ruled that the ACA was unconstitutional when Congress struck down the tax penalty that required people to have insurance.

Twenty states, including Texas, filed a case claiming that without the penalty, the mandate can no longer be upheld as a tax.

But the same editorial noted that more is at stake than simply the tax question, while predicting the ruling would be overturned on appeal in the end. "In any case, the Supreme Court's "severability" doctrine calls for restraint in declaring an entire law illegal merely because one part of it is".

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