If our federal government didn’t have enough on its controversy plate, with a president who cooks it almost daily, it now has the Affordable Care Act (Obamacare) legal diet to consume.
A federal judge, said to be conservative, ruled that the health care act is unconstitutional. It may be headed back to the U.S. Supreme Court. In the meantime, it still is in force. The lawsuit was filed by a group of Republican governors and state attorneys general.
The judge who ruled the health care act was unconstitutional was appointed by President George W. Bush. The judge ruled that the individual mandate requiring people to have health insurance can no longer be sustained as an exercise of Congress’s tax power.
There are predictions that the lower court’s ruling will not survive under appeal. The Trump administration has made it clear that the law remains in place for now.
The ruling has been called very broad. But it strikes down the coverage of pre-existing conditions, expansion of Medicaid and young adults staying on their parents’ insurance plans longer.
The act has had past experiences with the Supreme Court over the mandate in 2012 and subsidies in 2015.
There is fear that a more conservative court may let the act die.
Obamacare has been touted as the main accomplishment of President Obama’s years as president. Politically, the Republicans have more to lose than the Democrats if the law dies. The coverage of pre-existing conditions has been popular.
The outcome of this issue is being closely watched. There are many implications in the outcome — both on the political and health sides.