A federal judge in Texas has ruled the Individual Mandate of the Affordable Care Act otherwise called ‘Obamacare’ unconstitutional, finding that the law cannot stand now that Congress has rolled back the mandate that everyone carry health insurance or pay a fine.
The new ruling poses a significant threat to the Affordable Care Act’s most popular and most sweeping health insurance reforms. If affirmed at higher courts, it could roll back Obamacare’s ban on preexisting conditions. Insurers would once again be able to charge sick patients higher premiums.
The Trump administration had partially supported this lawsuit, filing a brief asking the court to overturn Obamacare’s ban on preexisting conditions. “The Court finds the Individual Mandate ‘is essential to’ and inserverable from ‘the other provisions’ of the ACA,” judge Reed O’Connor wrote in a late Friday ruling.
O’Connor’s decision will almost certainly be appealed up to the Fifth Circuit Court of Appeals, which could ultimately send the case to the Supreme Court. It is not entirely clear yet what the ruling will mean for current Obamacare enrollees or those currently signing up, as the program’s open enrollment period ends at midnight on Saturday. (LIB)