Supreme Court refuses to hear expedited ObamaCare appeal
Added 01-21-20 11:29:01am EST - “The Supreme Court Tuesday denied a motion? from a coalition of Democrat-led states asking the justices to speed up the review of a federal appeals court decision that put the future of the Affordable Care Act (ACA) in doubt.?” - Foxnews.com
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The Supreme Court on Tuesday denied a motion from a coalition of Democrat-led states asking the justices to speed up the review of a federal appeals court decision that put the future of the Affordable Care Act (ACA) in doubt.
That means the case – which pits a group of blue states led by California, as well as the House of Representatives, against Texas and 18 other GOP-led states' effort to strike down the ACA – is unlikely to be heard by the Supreme Court this term.
The Fifth Circuit Court of Appeals last month ruled that the individual mandate, a key funding mechanism for the law, was unconstitutional now that Congress eliminated a financial penalty for not having health insurance — making it impossible to say the individual mandate is a tax. It sent the case to a lower court, asking it to rule on whether the rest of the ACA, also known as ObamaCare, could stand without the individual mandate.
“The individual mandate is unconstitutional because it can no longer be read as a tax, and there is no other constitutional provision that justifies this exercise of congressional power,” the ruling said. “On the severability question, we remand to the district court to provide additional analysis of the provisions of the ACA as they currently exist.”
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