Published: Fri, December 21, 2018
Medical | By Bryan Strickland

Democrats Ask Judge to Clarify ACA Ruling, Open Legal Door to Appeal

Democrats Ask Judge to Clarify ACA Ruling, Open Legal Door to Appeal

A federal judge's ruling Friday that Obamacare is unconstitutional poses a threat to the credit quality of some USA states, as well as to hospitals and insurance companies, S&P Global Ratings warned.

If O'Connor's ruling stands, it would deal a major blow to the US health care system.

White House Press Secretary Sarah Huckabee Sanders said: "We expect this ruling will be appealed to the Supreme Court".

He added, "Not only does tonight's ruling confirm that this broken law can not hold up under court scrutiny, but it also affirms that the law does not actually protect people with preexisting conditions".

A Supreme Court ruling in their favor would be Republicans' only shot at overturning the law in the foreseeable future, with Democrats taking control of the House in January.

"We're asking the court to make clear that the ACA is still the law and ensure that all Americans can continue to access affordable healthcare under it", Becerra said in a statement released after the filing. Hurts families badly. We have a chance, working with the Democrats, to deliver great HealthCare!

Trump ‘pleased’ Democrats working with Republicans on Obama Care deal
Trump ‘pleased’ Democrats working with Republicans on Obama Care deal

Traders began ditching their hospital and health care stocks as soon as the markets opened Monday morning, Business Insider reports, causing Obamacare-related shares to dip. Republicans, including President Donald Trump, have long criticized the law, calling it a costly and unneeded government intrusion into Americans' lives. "The fact of the matter is that there really is no basis for striking down the entire Affordable Care Act in large measure, because the mandate was toothless and it can't be essential to the whole bill if it's toothless", Emanuel said on CNN.

Without the penalty that Congress eliminated previous year, the ACA's individual mandate is "largely toothless" and not essential to the remainder of the law, said Ilya Somin, a law professor at George Mason University in Virginia.

"This ruling would have been bad for Republicans if they still controlled the House, but because they don't, they have the opportunity to sit back and focus on message and really this has the potential to give Republicans second life on this issue", GOP strategist Ford O'Connell said.

Other insurers that slipped included Molina Healthcare Inc. and Anthem Inc., companies that have benefited from either the insurance exchanges or the law's Medicaid expansion. The administration's unwillingness to defend the individual mandate in the lawsuit led a number of attorneys general, from states more supportive of the ACA, to intervene. The selloff is occurring although the judge's decision will be appealed and won't affect Americans who signed up for 2019 health coverage. But with that "tax" - or penalty - having been removed starting next year, Republicans challenging the law in this case argued the program is now illegal.

The President tweeted on Friday: "Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions". As a Wall Street Journal editorial noted Monday, Roberts saved the law in 2012 by describing the mandate penalty as a tax - something Congress has unquestioned authority to impose.

The Texas judge ruled in favor of those arguments. "In any case, the Supreme Court's "severability" doctrine calls for restraint in declaring an entire law illegal merely because one part of it is".

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