The Affordable Care Act was gutted by a Texas federal judge in a ruling that casts uncertainty on insurance coverage for millions of USA residents. "The ACA has already survived more than 70 unsuccessful repeal attempts and withstood scrutiny in the Supreme Court".
The White House said it expects the case to be appealed to the Supreme Court. He wrote that the rest of the law can not be separated from that provision and therefore was invalid. He did not, however, issue an injunction, meaning the law can continue to be applied as the appeal process continues. "Millions of people now rely on ObamaCare's subsidies and rules, which argues against judges repealing the law by fiat", the editorial board said. He was appointed by President George W. Bush.
Mills has vowed to immediately expand Medicaid coverage for Mainers, a provision allowed by federal health care law. The decision was a break with a long-standing executive branch practice of defending existing statutes in court.
The lawsuit was initiated by Texas's attorney general Ken Paxton, who describes himself as a tea party conservative, with support from 18 GOP counterparts and a governor. "The notion that the unconstitutionality of an unenforceable mandate somehow requires toppling the entire ACA is bonkers".
"When Democrats forced Obamacare down the throats of the American people on a purely partisan basis, they threatened that the law needed to be passed so that people could find out what was in it", House Majority Whip Steve Scalise, R-La., said on Twitter on Friday.
"There's no reason why the individual mandate provision can't be struck down and keep all the good provisions of the Affordable Care Act", Collins said of the bill that Republicans have decried since its 2009 passing, and that she initially voted against but recently voted to save. "The Republicans have no alternative to the Affordable Care Act, and they've been refusing up until this point to even sit down sit down (to discuss) improvements and changes", Durbin said.
"Once the heart of the ACA - the individual mandate - is declared unconstitutional, the remainder of the ACA must also fall", the lawsuit said.
"The court ... declares the Individual Mandate UNCONSTITUTIONAL", he wrote in his judgment.
In a court brief and an accompanying letter to congressional leaders, the Justice Department did not go that far.
Just before the brief's deadline, three Justice attorneys involved with the case withdrew from it. President Donald Trump, in reacting to Judge O'Connor's ruling, suggested that it was time for Congress to get to work on a new law.
A federal judge ruled Friday evening that Obamacare is unconstitutional and must be overturned.
A Supreme Court ruling in their favor would be Republicans' only shot at overturning the law in the foreseeable future, with Democrats taking control of the House in January.
During oral arguments in September, O'Connor asked more pointed questions than of the Democratic attorneys general than of the Republicans.
With no penalty, there's no tax, the plaintiffs, a coalition of Republican-led states, argued in the Texas case.
LePage's office did not respond to a request for comment Saturday.
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