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Judge Who Declared Obamacare Unconstitutional Says it Must Stay in Place During Appeal

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<> on November 1, 2017 in Miami, Florida.

U.S. District Court Judge Reed O’Connor, who struck down Obamacare earlier this month, issued an order on Sunday stating that the Affordable Care Act will remain in place during the appeal process, The Hill reported.

In issuing his order, O’Connor said he made the decision “because many everyday Americans would otherwise face great uncertainty during the pendency of appeal,” Bloomberg reported.

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O’Connor ruled several weeks ago that Obamacare’s individual mandate is unconstitutional, and since the mandate cannot be separated from the rest of the law, the entire Affordable Care Act is also invalid, according to The Hill.

O’Connor based his ruling on the fact that the Supreme Court in 2012 upheld the mandate to have coverage because of Congress’s power to tax. However, Congress has since removed the fine for failing to comply with the mandate, which means it is no longer a tax and thus unconstitutional.

Following O’Connor’s ruling, 17 attorneys general pledged that they would appeal the decision and also asked the judge to issue an order clarifying that Obamacare must be enforced at the federal and state level while the case goes to a higher court.

They stressed that his ruling had created confusion about whether the Affordable Care Act will be unenforceable once the repeal of the individual mandate takes effect on January 1. 

via newsmax

5 COMMENTS

  1. This is total BS ! Unconstitutional is unconstitutional ! Either it is or it isn’t . The entire mandate was just a ploy to bilk taxpayers out of their hard earned money and line the pockets of certain people .

  2. Somebody got to the Judge. Just wonder who in his family they, being the democrat controlled party of communists, have threatened. What was unconstitutional then and now will go back the way SC John Roberts wants it.

  3. This is how D.C. judges should behave when their decisions impact the entire country; make their rulings and allow the aggrieved party appeal if it wants to and stay the ruling until it can be reviewed by higher courts. This is unlike those D.C. judges in places such as Hawaii and California who make sweeping rulings from their petty points in the Pacific and issue an injunction for the entire nation before higher courts can review them.

  4. give insurance to all these sorry sorry ass people that dont want to work and live off the government , and make the hard working people pay for it , and then loose their good insurance . name one thing a demo-rat is good for.

  5. I agree with the court let the supreme court decide one and for all on the constitutionality of the law and that will end the politicization that is slowly destroying our society, judges that legislate from the bench should be disbar, we have one branch of government dedicated to making the law another to implement those laws and the third to verify the constitutionality of the law, enough owith the cross over, lies and deceptions.

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