Federal Appeals Court strikes down portion of Obamacare
A federal appeals court panel in
But it is sending the case back to the lower court to decide how much of the rest of the law can stand in light of that ruling.
That most likely means the fate of the law will not be settled before the 2020 election.
The stakes could not be higher. The case is widely expected to end up at the
“It’s time to get rid of the uncertainty,” Becerra told reporters at a news conference. “Americans don’t need to be jerked around when it comes to their health care.”
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Hanging in the balance is not only health coverage for the roughly 20 million Americans directly served by the ACA, but also hundreds of millions more whose health care and coverage have been affected by the thousands of changes enacted in the law. Those include provisions as wide-ranging as changes in Medicare drug copayments, requirements for calorie counts on menus, a pathway for approval of generic copies of expensive biologic drugs and, perhaps most important politically, protections for people with preexisting conditions.
The requirement for coverage, often referred to as an individual mandate, was inserted in the law to give insurers a wide pool of customers since they were now required to cover people with medical conditions. Concerns about losing that guaranteed coverage for preexisting conditions was a potent argument of the
President
Meanwhile,
In the court’s decision, two of the three judges on the panel agreed with the plaintiffs in the case who wanted the law struck down. Judge
But at the same time, the appeals court majority declined to say how much else of the law can remain. Instead, it ordered the lower court “to employ a finer-toothed comb … and conduct a more searching inquiry into which provisions of the
The third judge on the panel,
Reaction to the appeals court decision mostly broke along ideological lines.
Conservatives were pleased. “Today’s decision reminds us that Obamacare has been on shaky ground since its creation,” said
But many
A group of Republican state attorneys general and governors filed the case, Texas v.
Legal scholars on both sides say that logic is flawed, but, in
The Trump administration, meanwhile, has taken several positions on the case. Last year, it told the lower court it did not believe eliminating the tax required the entire law to be declared void.
But
After the lower-court ruling, however, the administration decided to support the
That left a group of Democratic state attorneys general to defend the law, led by Becerra, along with the
But in July, the administration’s position shifted again. In a filing with the court, its attorneys argued that perhaps the health law should be invalidated only in the
Crédito:



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