Not good…
Source: Federal Judge Rules Affordable Care Act Is Unconstitutional Without Insurance-Coverage Penalty - WSJ
By
Stephanie Armour and
Brent Kendall
Updated Dec. 15, 2018 12:09 a.m. ET
WASHINGTON—A federal judge in Texas on Friday ruled that the Affordable Care Act is unconstitutional now that Congress has eliminated a penalty for those who forgo health insurance, casting doubt on the embattled health law and coverage for millions of Americans.
U.S. District Judge Reed O’Connor, an appointee of President George W. Bush, ruled that the entire Obama-era health law is invalid, siding with the claims of 20 Republican statesthat brought a lawsuit seeking to strike down the ACA.
Republicans eliminated the ACA’s penalty for not having coverage last year, although the measure doesn’t go into effect until 2019. Mandatory health coverage was a linchpin of the original law, intending to draw healthier people into the insurance pool to help offset the costs of sicker enrollees. The Supreme Court has upheld the ACA as constitutional based on Congress’s taxing power.
The Trump administration, which has long sought to repeal the ACA, applauded Friday’s ruling.
“Wow, but not surprisingly, ObamaCare was just ruled UNCONSTITUTIONAL by a highly respected judge in Texas. Great news for America!” President Trump wrote on Twitter. In a statement, the White House elaborated, saying, “Once again, the President calls on Congress to replace Obamacare and act to protect people with preexisting conditions and provide Americans with quality affordable healthcare.”
Friday’s decision rattled top Democratic politicians, medical groups and health-industry leaders. Some advocacy groups called on Congress to immediately pass legislation protecting coverage for people with pre-existing conditions, and the American Medical Association vowed to work with other organizations in seeking an appeal.
“This is a five alarm fire—Republicans just blew up our health care system,” Sen. Chris Murphy (D., Conn.) said in a statement. “The anti-health care zealots in the Republican Party are intentionally ripping health care away from the working poor, increasing costs on seniors, and making insurance harder to afford for people with preexisting conditions.”
The ruling, while invalidating the law, didn’t immediately block enforcement of the ACA, a situation that could trigger widespread uncertainty in the near term. Some states could stop enforcing or administering the law, including Medicaid expansion, starting Jan. 1, when the elimination of the penalty takes effect.
Democratic states that had intervened in the lawsuit said they would quickly seek an appeal to the Fifth U.S. Circuit Court of Appeals. Ultimately, the case could reach the Supreme Court. The decision Friday thrust the future of the 2010 law on unstable terrain just before the busiest final days for sign-ups during the ACA’s open-enrollment period.
“It will destabilize health-insurance coverage by rolling back federal policy to 2009,” said Barbara McAneny, president of the American Medical Association.
Organizations that oppose the ACA said they supported the decision. The law, they said, has amounted to heavy government intrusion into health care and limited choice for consumers.
“Although Republicans in Congress have failed to repeal Obamacare in its entirety, this ruling has proven that their action to repeal the individual mandate in last year’s tax reform legislation was a consequential move,” according to a statement Friday from FreedomWorks, which advocates for smaller government.