Court: Part of 'Obamacare' invalid, more review needed

Court: Part of 'Obamacare' invalid, more review needed

GREENE: Well, I mean, speaking about the public - if you're someone who's thinking about your coverage and you're hearing this news about this decision, I mean, what could the impact be for you?

"The court explained that in the original Obamacare Supreme Court ruling "(a) majority of the court ... concluded that the individual mandate is not constitutional under either the Interstate Commerce Clause or the Necessary and Proper Clause". Fourth, if it is, how much of the rest of the Act is inseverable from the individual mandate? "The AMA will continue our efforts to preserve health insurance coverage and patient protections that the ACA extended to millions of Americans, and will work to ensure the district court understands the extensive scope of the ACA's many provisions that are unrelated to the individual mandate". Ultimately, the last dying gasps of the ACA allows the free market to do what it does best - innovate the way to affordable health care.

Xavier Becerra, the attorney general who heads a coalition of states that defend the health care law, said Wednesday that he will appeal to the high court immediately.

However, the court's decision will not immediately affect the former president's signature health care policy or the millions of Americans who signed up for 2020 coverage.

Paxson said in a statement: "I applaud the Fifth Circuit's decision, which reassures the American people that the legal system can be held to its word". While ruling against the individual mandate, the appellate sent the overall case back to a lower court to decide whether to uphold the law's other provisions.

Adding the time it will take for O'Connor to draft a fresh decision, his ruling might not emerge for almost a year, several legal observers say.

The appeals court ruling now opens the door to preservation of some elements of Obamacare, but advocates for the law said it remains under serious threat.

"He's going to say very substantial parts of the Affordable Care Act are invalid", says Nicholas Bagley, a professor at University of Michigan Law School. Jost supports the ACA. What would happen to the almost 13 million low-income Americans who became newly eligible for Medicaid coverage under the ACA?

The Department of Health and Human Services and Centers for Medicare and Medicaid Services, which administer the Affordable Care Act, did not immediately return requests for comment.

The decision comes after the conclusion of sign-up season for ACA coverage in most states. Almost 3.9 million people had selected policies through December 7, but millions more signed up or were automatically re-enrolled in policies through the end of open enrollment, which finished early Wednesday morning.

GREENE: OK, and that's where we think this could end up in the Supreme Court eventually.

ACA proponents are pursuing options to swiftly bring the case before the U.S. Supreme Court. "While remaining true to the Constitution, Congress and the individual states now must develop sound policies that safeguard the health care needs of all individuals, including those with pre-existing conditions". He ruled that because the tax was eliminated, the law could no longer be saved as a use of Congress' taxing power....

With no tax in effect, the Texas lawsuit argued, the so-called "individual mandate" was unconstitutional and the entire law must fall.

King said she would have tossed O'Connor's ruling lock, stock and barrel.

When asked what that means for the overall argument that the whole law should be struck down, Henneke said it's "to be determined". They said the structure for collecting a penalty from the uninsured remained in place. It may be that all of the ACA is severable from the individual mandate.

"We will continue our fight in the courts and in the Congress to defend and strengthen affordable health care for all Americans".

The other parts of the law will now be further reviewed.

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