Dr. Susan Berry 18 Dec 2019
A federal appeals court has agreed with a lower court’s ruling that Obamacare’s individual mandate is unconstitutional.
A panel of the U.S. Court of Appeals for the Fifth Circuit in New Orleans ruled, 2-1, the individual mandate of the Affordable Care Act (ACA), which required most Americans to purchase healthcare insurance in order to avoid a penalty tax, is indeed unconstitutional.
The decision upholds that of Judge Reed O’Connor of the U.S. District Court for the Northern District of Texas and creates another likely U.S. Supreme Court face-off on the issue of former President Barack Obama’s signature healthcare reform during a presidential election year.
The ruling stated:
[T]he 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. On the severability question, we remand to the district court to provide additional analysis of the provisions of the ACA as they currently exist.
more
https://www.breitbart.com/politics/2019/12/18/court-strikes-down-obamacare-individual-mandate-creates-likely-scotus-face-off/
