Medical

Democratic States Appeal Ruling Declaring Obamacare Unconstitutional

Democratic States Appeal Ruling Declaring Obamacare Unconstitutional

They called the District Court Judge Reed O'Connor's opinion that the Affordable Care Act is unconstitutional "ludicrous", "reckless" and "dangerous".

A growing coalition of Democratic state attorneys general that stepped in to defend the Affordable Care Act against a lawsuit filed an appeal Thursday, beginning the next chapter of a legal saga that could progress to the Supreme Court and carry major implications for USA healthcare.

White House Press Secretary, Sarah Sanders said in a statement that the ruling will likely be appealed to the Supreme Court and that it is possible that the law will not be repealed.

Almost 12 million Americans who received coverage through Medicaid expansion. "While the Administration refuses to meet its responsibilities to defend the laws, the House of Representatives is acting to uphold the constitutionality of this law and protect the health care of every American".

California Attorney General Xavier Becerra, who's leading the charge, filed a notice of appeal Thursday morning before the us 5th Circuit Court of Appeals. Thursday's filing continues the coalition's legal defense of the ACA, with a request to appeal the district court's December 14 opinion in the Fifth Circuit. The District Court granted that notice to certify the judgment for appeal and to stay the judgment pending that appeal.

The lawsuit was originally considered a long shot, and many legal experts still believe it will be overturned by the 5th Circuit.




The greatest threat to the ACA now seems to come from a lawsuit filed by group of Republican-led states.

The group of Democratic attorneys general emerged previous year as the main defenders of the law when the Trump administration, in an unusual move, announced that it would not defend the ACA against the lawsuit. The government reported that about 8.4 million Americans have signed up this year under the law, reflecting steady demand for its subsidized health insurance.

President Donald Trump campaigned on repealing and replacing Obamacare.

O'Connor ruled that the law's individual mandate requiring individuals to sign up for health insurance is unconstitutional and that that invalidates the rest of the act because it is an "essential" part it. That move will be followed by a vote next week created to force GOP lawmakers into a political corner: agree to defend a law many members have spent years reviling or appear to oppose popular ACA protections for millions of Americans with preexisting medical conditions that many have pledged to uphold.

The future of health care was a major issue during the latest congressional elections, and the Democrats promised swift action on that policy question once they regained control of the House. "Now we're going to give them an opportunity to do so".

Obamacare also offers subsidies that help low- and middle-income people afford health insurance and significantly funds the expansion of Medicaid coverage to people who previously were not eligible for that health coverage program.