Timothy Birdnow

A federal appellate court has agreed with a lower court that Obamacares individual mandate is unconstitutional, setting the stage for a redux of the John Roberts SCOTUS ruling a few years back.

Roberts was the deciding vote on the matter, and he twisted himself into pretzel form to make it legal.

From the Breitbart article:

A panel of the U.S. Court of Appeals for the Fifth Circuit in New Orleans ruled, 2-1, the individual mandate of the Affordable Care Act (ACA), which required most Americans to purchase healthcare insurance in order to avoid a penalty tax, is indeed unconstitutional.

The decision upholds that of Judge Reed O’Connor of the U.S. District Court for the Northern District of Texas and creates another likely U.S. Supreme Court face-off on the issue of former President Barack Obama’s signature healthcare reform during a presidential election year.

The ruling stated:

he 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. On the severability question, we remand to the district court to provide additional analysis of the provisions of the ACA as they currently exist.

The appeals court sent the case back to the lower court to decide the issue of severability — whether the entire law is to be struck down.

About that last; the law was specifically designed to make it unseverable to avoid shooting the whole thing down. It is the cornerstone of the law, the only way the law could be implemented. There was simply no way to pay for it without making such a large pool. 

How will SCOTUS act on this?  It's a new court, but again the key will be Roberts. Don't expect this to be overturned; Roberts has shown himself a proponent of this law. Also, he will have to preside over the acquittal of Donald Trump, and he will likely want to assert himself here.

Still, it's a good thing. It would be even better if another seat opened on the Court before this was reviewed.

Posted by: Timothy Birdnow at 11:02 AM | Comments (4) | Add Comment
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