Federal Court Rules ObamaCare Individual Mandate Unconstitutional

 

Court of Appeals hands down major ruling on ObamaCare Mandate, setting up a Supreme Court showdown of significant magnitude.

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According to Fox News, A federal appeals court upheld a lower court’s ruling that a key aspect of the ObamaCare law is unconstitutional — setting up another likely Supreme Court showdown in a presidential election year.

The 5th Circuit U.S. Court of Appeals by a 2-1 vote concluded the original law’s key funding mechanism known as the individual mandate — requiring most Americans to purchase health insurance or face a tax penalty — was properly eliminated by Congress and therefore the entire law could not be enforced.

The appeals panel sent the issue back to the lower court to decide whether other aspects of the Affordable Care Act must fall.

The panel consisting of three judges panel from the 5th U.S. Circuit Court of Appeals in New Orleans agreed with Texas-based U.S. District Judge Reed O’Connor’s finding.

His finding identified that the insurance requirement was rendered unconstitutional when, in 2017, Congress eliminated a tax penalty on people without insurance.

“The individual mandate is unconstitutional because it can no longer be read as a tax, and there is no other constitutional provision that justifies this exercise of congressional power,” the ruling said. “On the severability question, we remand to the district court to provide additional analysis of the provisions of the ACA as they currently exist.”

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The appeals court concluded because the individual mandate was unconstitutional, the law’s funding mechanism could not be enforced in the current version of the Affordable Care Act. [READ MORE]

 

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