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 what’s left of his so-called “legacy.”
The U.S. Court of Appeals for the Fifth District has ruled that Obamacare’s individual mandate is unconstitutional — setting up a likely case at the U.S. Supreme Court.
“The individual mandate is unconstitutional because it can no longer be read as a tax, and there is no other constitutional provision that justifies this exercise of congressional power,” said the court.
“However, the appeals court ruling largely ducked the central question of whether the Affordable Care Act remained valid after Congress removed the penalty for not having health insurance and it sent the case back to a Texas federal judge who previously ruled the entire law was unconstitutional to reconsider how much of it could survive,” Politico reported. “The high-stakes ruling keeps the legal threat to Obamacare alive while reducing the likelihood the Supreme Court could render a final verdict on the law before the 2020 elections.”
The 5th panel wrote, “The individual mandate is unconstitutional because it can no longer be read as a tax, and there is no other constitutional provision that justifies this exercise of congressional power. On the severability question, we remand to the district court to provide additional analysis of the provisions of the ACA as they currently exist.”
Americans will remember that as part of the GOP tax reform plan, the mandate forcing individuals to obtain health insurance or suffer a penalty was scrapped.
That is what is being referred to here.
“On the severability question, we remand to the district court to provide additional analysis of the provisions of the ACA as they currently exist,” the court continued.
The question is now whether the rest of the law can be upheld without the mandate (i.e. severability).
The case has been sent back to a district judge who previously found the entire law unconstitutional.
Beyond that, this marks the third time the courts have had the opportunity to strike down Obamacare, which many legal experts continue to argue is illegal.
While conservatives currently have a 5-4 majority on the Supreme 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.”
Obama has had a tough time lately. A resurfaced video left Obama in tears after his huge lie blew up in his face.