Obamacare Isn’t Dead. Three Reasons the Texas Case Will Be Overturned
A federal judge has ruled that the Affordable Care Act is unconstitutional. Does this sound familiar?
All have died before, only to return for another season. And the latest “fatal” blow delivered by a Texas judge to the Affordable Care Act is no different. Obamacare will survive.
In a sense, the decision from U.S. District Judge Reed O’Connor is straightforward. The ACA was upheld by the Supreme Court because its “individual mandate”—the requirement to either buy insurance or pay a penalty fee—was a kind of tax. But in 2017, Congress repealed the fee provision. So now the ACA can’t be construed as a tax. Therefore it’s unconstitutional.