Obamacare spiked by federal judge in Texas

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The decision by U.S. District Judge Reed O'Connor in Fort Worth is nearly guaranteed to go to the Supreme Court. "It also stated that the absence of the individual mandate would "undercut" its 'regulation of the health insurance market'".

The decision throws the fate of the Affordable Care Act into question just one day before open enrollment for 2019 closes.

California Attorney General Xavier Becerra, who led the coalition of states that defended the ACA promised to continue the court fight to preserve the law. Justice officials contended that, once the insurance mandate's penalty is gone next month, that will invalidate the ACA's consumer protections, such as its ban on charging more or refusing to cover people with preexisting medical conditions. An alliance of 19 Republican attorneys general and a governor led by Texas Attorney General Ken Paxton challenged the law. The decision is nearly certain to be appealed all the way to the Supreme Court.

Republicans had tried to strike it down in the courts, but when they couldn't do that, they included a repeal of the mandate in the Tax Cuts and and Jobs Act of 2017, Bloomberg reported. We can not go back to the days when insurance companies regularly denied coverage for people who are sick.

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Melania Trump andDonald Trump walk to Marine One on the South Lawn of the White House November 29, 2018 in Washington, DC. The tradition of a Christmastime visit to Children's National dates back more than 60 years to first lady Bess Truman.

He followed that missive with another celebratory tweet, demanding that House Speaker-Designate Nancy Pelosi (D-Calif.) and Senate Majority Leader Mitch McConnell (R-Ky.) immediately work on replacement legislation that will protect pre-existing conditions and provide great health care.

Legal expert Timothy Jost, a supporter of the health law, said O'Connor's ruling would have repercussions for almost all Americans if it stands.

Shortly afterwards, President Trump tweeted, "As I predicted all along, Obamacare has been struck down as an UNCONSTITUTIONAL disaster!" Meanwhile, a number of states are expected to move forward with Medicaid expansion after Democratic victories in the midterm elections.

On Friday, Henneke said the judge made the right decision, although the judgment will nearly certainly be appealed.

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But the administration maintained those parts of the law were severable and the rest of the Affordable Care Act could remain in place.

Under the law's community rating provision, insurers are not allowed to set premiums based on a person's health history.

In Texas alone, there are more than 4.5 million "nonelderly adults" with pre-existing conditions that could make it hard for them to get health insurance if Obamacare went away, statistics show. As Case Western Law Professor and Volokh Conspiracy contributor Jonathan Adler, who is a longtime critic of the health care law, has argued (along with others), the policy statements made as part of the original law don't really matter, not anymore, because last year's Congress told us quite clearly that they did believe the law could stand on its own without a mandate penalty.

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