On December 18, in Texas v. Azar, the U.S. Court of Appeals for the Fifth Circuit ruled that theOn December 18, The U.S. Court of Appeals for the Fifth Circuit issued its long-awaited opinion in the latest Obamacare constitutional challenge,.
So far, so good. But then the question becomes: if you overturn the individual mandate, because it is no longer a tax and therefore exceeds Congress’ authority under the interstate commerce clause and other constitutional provisions, what next?entirety of the Affordable Care Act was unconstitutional because the individual mandate was. To use judicial language, the individual mandate was, this was a plainly ridiculous opinion. The Affordable Care Act, as enacted in 2010, was approximately 2,700 pages long with ten titles and several hundred sections whose functionality is independent of the existence an individual mandate.
Judge Reed O’Connor, the author of the District Court opinion, could have acted more responsibly in his ruling, by overturning the individual mandate along with other Obamacare regulations that drive up premiums for healthier and younger enrollees.
And make it impossible for millions of others to ever afford to have health insurance.
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