Trump greets the judge's decision to take Obamacare down as & # 39; unconstitutional & # 39;

President Donald Trump on Saturday greeted a court decision against Obamacare as "a great statement for our country", while a US government official said the decision of a judge in Texas would have no immediate impact on health insurance

President Donald Trump greeted Saturday a court decision against Obamacare as "a big verdict for our country", while a US government official said that the decision of a judge in Texas would have no immediate impact on health care costs.

Judge Reed O & # 39; Connor from the American district in Fort Worth, Texas, said Friday that Obamacare, formally known as the 2010 Affordable Care Act (ACA), was unconstitutional under his mandate that requires people to purchase health insurance.

In a decision that could reach the US Supreme Court, O & # 39; Connor opted for a coalition of 20 states that mandating people to pay for insurance coverage is illegal because a change in tax law last year sanctioned the failure to have a health insurance policy.

& # 39; It is a great statement for our country. We can get great healthcare. We will sit with the Democrats if the Supreme Court confirms, "Trump told reporters during a visit to the Arlington National Cemetery in Virginia on a rainy Saturday.

President Donald Trump on Saturday greeted a court decision against Obamacare as "a great statement for our country", while a US government official said the decision of a judge in Texas would have no immediate impact on health insurance

President Donald Trump on Saturday greeted a court decision against Obamacare as "a great statement for our country", while a US government official said the decision of a judge in Texas would have no immediate impact on health insurance

Trump did not provide details on the potential for health care talks with the Democrats, who are preparing to take majority control of the US House of Representatives in early January. The Senate remains in the hands of the republicans.

The decision of O & # 39; Connor was given the day before the end of a 45-day sign-up period for 2019 health insurance under the law.

The head of the federal Centers for Medicare and Medicaid Services (CMS), who oversees the Affordable Care Act, said that there were no changes and that exchanges were open to companies.

& # 39; We expect this ruling to be appealed to the Supreme Court & # 39 ;, CMS administrator Seema Verma wrote Saturday on Twitter.

& # 39; Pending the appeal process, the law will be maintained. & # 39;

& # 39; There is no impact on current coverage or coverage in a 2019 plan, & # 39; she said late on Friday.

Since the formation phase of the law amid concerns about millions of Americans without health insurance, the Republicans have resisted Obamacare and call it an expensive and unnecessary break-in by the government in the lives of Americans.

Trump campaigned against it in 2016.

They have repeatedly tried, but failed, to withdraw the law, which was the distinctive national policy achievement of former Democratic President Barack Obama.

Even with control of both Chambers of Congress and the White House in 2017, Republicans could not push through a revocation.

The O & # 39; Connor judgment underlined the high political interests of the health gap, especially for Trump and his fellow republicans prior to the presidential election of 2020.

If the Supreme Court were to maintain O & # 39; Connor's statement, it would be a big step towards the dismantling of Obamacare.

US District Judge Reed O & # 39; Connor & # 39; s decision was released the day before the end of a 45-day sign-up period for 2019 health insurance under the law, which was a distinctive achievement for former President Barack Obama (above). see in New York City on Wednesday)

US District Judge Reed O & # 39; Connor & # 39; s decision was released the day before the end of a 45-day sign-up period for 2019 health insurance under the law, which was a distinctive achievement for former President Barack Obama (above). see in New York City on Wednesday)

US District Judge Reed O & # 39; Connor & # 39; s decision was released the day before the end of a 45-day sign-up period for 2019 health insurance under the law, which was a distinctive achievement for former President Barack Obama (above). see in New York City on Wednesday)

That would be a political victory for the Republicans, but it would probably also deprive millions of Americans of their health coverage, a policy problem for which the Republicans have not offered a clear solution.

Approximately 11.8 million consumers have signed up for the exchange of Obamacare exchange plans in 2018.

The Supreme Court confirmed the Affordable Care Act in 2012.

Two days after the 6 American congressional elections of the American Parliament, a Reuters / Ipsos poll showed that health care was the main problem that Americans wanted to address by the US Congress.

On Friday, O & # 39; Connor ruled that after the entry into force by Trump of a milestone bill, the individual mandate of the ACA that requires most Americans to take out health insurance or pay a tax, could no longer be construed as constitutional.

He said that because the individual mandate is a & # 39; essential & # 39; part of Obamacare, the whole law, rather than just the individual mandate, was unconstitutional.

Timothy Jost, a health law expert and emeritus professor at the Washington and Lee University School of Law in Virginia, said it's stupid & # 39; and # 39; irresponsible & # 39; was for O & # 39; Connor to discover that the individual mandate does not belong to the rest of the ACA.

He said that judges who feel that parts of laws are invalid, & # 39; as little damage as possible. to the rest of the law, and O & # 39; Connor has ignored that principle.

Jost noted that the 5th American Circuit Court of Appeals, which will hear every appeal in the case, is considered the most conservative federal appeals court in the country.

But & # 39; O & # 39; Connor is so far away from the reservation that virtually every (objections) panel will turn him back & # 39 ;, Jost said.

Trump issued two festive tweets shortly after the verdict

Trump issued two festive tweets shortly after the verdict

Trump issued two festive tweets shortly after the verdict

Jost noted that in the 2012 case in which the Supreme Court upheld the ACA, a lower court judge found the individual mandate to be illegal, but decided that it could be separated from the rest of the law. That statement by the 11th US Circuit Court of Appeals "is at least as convincing and probably more convincing than a decision by a single judge in Wichita Falls, Texas," Jost said.

He said that the conservative wing of the US Supreme Court was skeptical in the past about bringing down entire laws because of a single problematic provision, and at least a bare majority of five judges would probably agree that O'Connor was wrong.

On Friday, Trump responded with joy to the statement on Twitter.

He tweeted shortly after 9 pm: "As I have long predicted, Obamacare has been shot as a UNCONSTITUTIONAL disaster! Now the Congress must endure a STRONG LAW that offers GREAT healthcare and protects against pre-existing conditions. Mitch and Nancy, do it! & # 39;

He followed that up eight minutes later with a second Tweet.

Wow, but not surprisingly, ObamaCare had just been UNCONSTITUTIONAL governed by a highly respected judge in Texas. Good news for America! & # 39;

The decision of O & # 39; Connor was given the day before the end of a 45-day sign-up period for 2019 health insurance under the law.

& # 39; The individual mandate can no longer be read fairly as an exercise in the tax authority of Congress and is still inadmissible according to the Interstate Commerce Clause – meaning the individual mandate is unconstitutional & # 39 ;, the judge wrote.

& # 39; The individual mandate is essential and unacceptable for the rest of the ACA. & # 39;

& # 39; Without [the individual mandate], Congress and the Supreme Court have stated, the architectural design fails, "said O & # 39; Connor. & # 39; It is like watching a slow game of Jenga, where each party sniffs to another provision to see if the ACA falls. & # 39;

A year ago, Trump signed a tax bill of $ 1.5 trillion, including a provision that eliminated the individual mandate.

In the opinion of 55 pages, O & # 39; Connor ruled last Friday that the tax cut last year was the constitutional foundation of under & # 39; Obamacare & # 39; has struck by deleting a penalty for not having coverage.

Approximately 11.8 million consumers have registered nationwide in 2018 Obamacare exchange plans, according to the Centers for Medicare and Medicaid Services of the American government.

The coalition of states that challenge the law was led by Attorney General Ken Paxton and Attorney General Brad Shimel, both republicans of Texas.

Republicans have opposed the 2010 Law, the distinctive achievement of the domestic policy of President Donald Trump's Democratic predecessor, Barack Obama, since its inception and have repeatedly tried and failed to revoke it.

The White House greeted Friday's verdict, but said the law would continue to apply pending the expected appeal to the Supreme Court.

Again, the president calls on Congress to replace Obamacare and act to protect people with pre-existing conditions and to provide affordable, high-quality health care to Americans, & # 39; said spokeswoman Sarah Sanders in a statement.

In June, the Ministry of Justice declared the & # 39; individual mandate & # 39; of the health care law unconstitutional in the federal court.

The decision was a break with a long-standing practice of the executive branch of defending existing statutes before the court.

JUDGE LEGAL REQUIREMENTS

Judge Reed O & # 39; Connor, district court, is no stranger to conservative opposition to Obama's policy.

O & # 39; Connor, 53, is a former state and federal prosecutor who was nominated for federal court in 2007 by President George W. Bush. He has been active in the Federalist Society, which describes itself as & # 39; a group of conservatives and libertarians who are interested in the current state of the rule of law & # 39 ;.

In 2014, the Texas-based Texas court upheld the constitutionality of an Arlington, Texas regulation that prevents people from delivering printed material at busy junctions and roads. The lawsuit was filed by a weapons rights group called Open Carry Tarrant County. Although he maintained the ordinance, O & # 39; Connor ordered the city to pay the $ 42,251 group coordinator.

That same year, he sentenced a man to the federal prison for more than 15 years for kidnapping and gross abuse of a homosexual man he met through an online service, and concluded that the attacker kidnapped the man because of his sexual orientation.

In 2016, however, he blocked a federal directive requiring public schools to allow transgender students to use bathrooms in accordance with their gender identity. He ruled that Title IX, which the Obama administration cited in support of the directive, is not ambiguous & # 39; is about sex as & # 39; the biological and anatomical differences between male and female students as determined at their birth & # 39 ;.

In 2016, he also found new US regulations for health care and human services that recommended that certain forms of transsexual discrimination by doctors, hospitals and insurers were in violation of the Affordable Care Act. He stated that the rules "put considerable pressure on plaintiffs to implement and cover (gender) transition and abortion procedures." A coalition of religious medical organizations said that the rules could force doctors to help with gender transitions in violation of their religious beliefs or medical judgment.

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