Former President Barack Obama left Washington, D.C. in 2017 believing that his legacy was secure and would never be dismantled.
That is no longer the case, especially after Obama just got hit with this nasty surprise that could ruin his entire life.
As noted by Politico, a panel of federal appeals judges aggressively questioned whether Obamacare is constitutional late last week, leading many to question whether Obama’s top legislative “victory” can survive.
During oral arguments, the U.S. Fifth Circuit Court of Appeals heard arguments in a case that could completely upend the 2010 health care law.
After Congress eliminated the Obamacare individual mandate penalty earlier this year, the appeals court is being asked to determine whether the entire health care law is unconstitutional.
While trying to make the case for keeping Obamacare and the individual mandate penalty — which forces people to pay a fine if they do not have health insurance — two of the three judges expressed deep hostility to attorneys defending Obamacare.
Two Republican appointees on the three-judge panel frequently interrupted attorneys to question whether the Affordable Care Act’s individual mandate is unconstitutional and if not whether the entire law could stand without it.
This latest legal threat to Obamacare was filed by a group of red states in February 2018, months after Republican-led efforts to repeal the law collapsed in Congress.
They argue that Congress’ decision to scrap the individual mandate penalty in its 2017 tax cut rendered the law unconstitutional because the Supreme Court previously upheld the mandate as a valid exercise of taxing power.
Congress lowered the penalty for not purchasing health coverage to $0, but the mandate remains on the books.
Attorneys for the 20 Democratic-led states that are defending the law argued in court that when Congress eliminated the mandate penalty, it “clearly intended for the rest of the law to survive.”
“All the court has to do is look at the text,” said Samuel Siegel, the attorney representing the Democratic-led states.
The three-judge appellate panel is expected to deliver a final ruling in a few months.
They could back the lower court ruling invalidating all of Obamacare or overturn it entirely, which would result in more appeals and court hearings.
Beyond that, this marks the third time that the courts have had the opportunity to strike down Obamacare, which many legal experts continue to argue is illegal.
If the U.S. Fifth Circuit Court of Appeals rules that Obamacare is unconstitutional, there is a strong chance that it could be appealed all the way to the Supreme Court.
While conservatives currently have a 5-4 majority on the nation’s highest court, many worry that Chief Justice John Roberts would save the law again.
Back in 2010, Roberts — who was appointed by former President George W. Bush — sided with the four liberal Justices and ruled that Obamacare was constitutional and would be the law of the land.
If the case goes before the SCOTUS again, many worry that Roberts will chide the Trump administration and vote to save Obamacare once more.
But if Obamacare is struck down, that would spell the end of Obama’s signature legislative action and take away what he claims was his “greatest achievement.”