Jan 04

Judge rules ACA to remain in place pending appeal

Judge rules ACA to remain in place pending appeal

The federal judge in Texas who struck down the Affordable Care Act earlier this month certified his ruling on Sunday, paving the way for an appeal. He wrote that the law should remain in place as the case wends its way through the courts (Source: “Obamacare to remain in place pending appeal,” Modern Healthcare, Dec. 30, 2018).

U.S. District Judge Reed O’Connor’s decision keeps Obamacare as the law of the land, as urged by Democratic state attorneys general defending the law, Republicans challenging it and the Trump administration which refused to defend it.

O’Connor said “everyday Americans would otherwise face great uncertainty” if he didn’t allow the ACA to stand during the appeals process.

The case will head next to the 5th U.S. Circuit Court of Appeals. In the order he issued on Sunday, O’Connor expressed confidence that the appellate bench will concur with his decision that the individual mandate can’t be separated from the rest of the law.

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