Medicine

This Texas lawsuit could spell the end of ObamaCare

This Texas lawsuit could spell the end of ObamaCare

Because the Trump administration has decided not to defend the health care law in court, Democratic attorneys general led by California will be defending it.

The case has always been considered a tough one for the plaintiffs, who have to prove the now-gutted, zero-dollar individual mandate is an essential part of the ACA and argue that Congress' vote to eliminate the individual mandate was a vote to repeal the landmark law altogether.

The foundation of the lawsuit is a provision in last year's mammoth tax bill that eliminated the tax penalty on Americans who don't have health insurance, but still preserved the technical requirement that people have coverage.

"These are threats to our health care system that we aim to prevent", Wright said. Now, states are arguing that the entire basis for the health care act standing as constitutional is gone, meaning the entire law is unconstitutional.

The Supreme Court, in upholding the law in 2012, deemed that penalty a tax and thus a valid and legal exercise of Congress' power of the purse.

Republican governors and attorneys general launched the suit in an attempt to declare ObamaCare unconstitutional, and Democratic attorneys general will fight back, per Stat.

Three in 10 of voters (30%) say Washington corruption is the "most important" topic for candidates to discuss, with health care (27%) and the economy and jobs (25%) close by.

Nonetheless, as we wait on the U.S. District Court to rule on whether to issue an injunction or partial injunction, ACA supporters and advocacy organizations are on their toes.

"If the court overturns the entirety of the ACA, young people will no longer be guaranteed the right to stay on their parents' plans until age 26, Medicaid coverage will end for millions of families, and insurers will once again be permitted to deny coverage or charge excessive premiums to people with preexisting conditions, threatening coverage for millions, including children with asthma, pregnant women, cancer survivors, as well as older adults, who suffer a range of chronic illness, including diabetes and heart disease". Insurers can also sell health insurance plans that do not cover prescription drugs, and can exclude a broad scope of services, including maternity, pediatric and mental health care.

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"It is a political lawsuit that is a waste of Texas taxpayer money", he said.

A small group of protesters Wednesday stood outside a Fort Worth, Texas, courtroom where 20 Republican-led states have launched a new challenge over the law that insures 20 million Americans.

Scores of patient advocates, physicians and hospital groups and other health care experts have warned that such a retrenchment would be catastrophic.

But a friend-of-the-court brief filed by five law professors who disagree on the merits of the ACA said that, regardless, both the GOP states and the Justice Department are wrong to conclude that eliminating the tax penalty should result in the entire law being thrown out.

Notably, the Trump administration will not defend several important provisions of Obamacare in court.

That has fueled a renewed effort by Democrats to highlight Republican hostility to health care protections in the 2010 law.

That may be why Republicans still view repealing the law as a potent issue with their base. Prior to the Affordable Care Act, insurers often rejected applicants who were ill or had pre-existing conditions or offered them only limited coverage with high rates. And the upcoming case as well as the broad popularity of the ACA has evidently made some Republicans increasingly uneasy. Republican Senators also introduced a bill to address the issue if the ACA were overturned, though some analysts say its protections fall short.

There even has been speculation by many opponents of his confirmation that, because of his dissent in the 2011 appeal to his U.S. Court of Appeals District Circuit Court (he felt the court had no jurisdiction to rule on a tax that hadn't yet been collected), this somehow means he would rule the law to be unconstitutional without the individual mandate.


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