Texas wins $300 million Obamacare ruling
Under the ruling, issued
"Obamacare is unconstitutional, plain and simple," Paxton said in a statement. "We all know that the feds cannot tax the state, and we're proud to return this illegally collected money to the people of
But the case might not be over.
"We are reviewing the decision and considering our next steps," a
"
States shouldn't count on a victory just yet, said
"It's really important to point out the irony of winning
Meanwhile,
States opposed to the health care law point to three aspects of the policy's history in arguing for its full dismantling.
The Affordable Care Act doesn't have a severability component to it, meaning it doesn't have language that says if any provision of it is held unconstitutional, the remaining provisions will remain intact. Generally, major legislation has such language, Sage said. Not having it opened "the entire law to invalidation if a central provision such as the individual mandate is invalidated," he said.
Also, when the Democratic-controlled
That didn't happen.
In the
Taken together, Sage said, some Republican states are arguing that if the only thing upholding the mandate was the tax, and now there's no tax, and there's no severability provision in the health care law, then not just the mandate but also the rest of the law is invalid.
"It's bold but misguided," Sage said of the argument. "Many people, and much of the health care industry, rely on other parts of the ACA -- including the Medicaid expansion. I don't think these are legal arguments against the ACA. They're political arguments."
Sage called what's become of the Affordable Care Act a "great tragedy."
"This law has been litigated to death," he said. "This is not something that's happened to major social legislation in the past."
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