December 18, 2019


A federal appeals court ruled Wednesday the Affordable Care Act’s individual mandate runs afoul of the Constitution now that it is no longer a tax.

The 5th U.S. Circuit Court of Appeals, in a 2-1 decision, remanded the case back to the lower court to evaluate whether other parts of the Affordable Care Act, also known as Obamacare, can still stand.

“There is no other constitutional provision that justifies this exercise of congressional power,” wrote Judge Jennifer Elrod, a Bush appointee. . . .

After facing a number of legal battles, the Supreme Court upheld the individual mandate in 2012, saying it was a tax under the Constitution’s taxing powers.

But in 2017, as part of the Republican majority’s tax overhaul bill, the penalty for failing to purchase healthcare coverage was changed to zero — leading to the current legal battle over whether the individual mandate can still legally stand as a tax.


UPDATE: While everyone was focused on impeachment, 5th Circuit cut the legs out from under Obamacare.

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