Texas Judge Rules Obamacare Unconstitutional, Primary Issue Surrounds Individual Mandate, (ruling pdf included)…

U.S. District in Texas, Judge Reed O’Connor (Fort Worth) has agreed with a coalition of 19 states that Obamacare is structurally unconstitutional without an enforced federal mandate that requires individual participation. (full ruling pdf below)

Absent the enforcement of the individual mandate, Judge O’Conner ruled it was impossible for the Obamacare law to remain.  Texas and the 19 state coalition successfully argued they’ve been harmed by an increase in the number of people on state-funded insurance rolls.

The plaintiffs argued: when Congress repealed the tax penalty last year for the individual mandate; they eliminated the U.S. Supreme Court’s prior rationale for finding the ACA constitutional in 2012. The Texas judge agreed.

Judge O’Conner found it is clear the individual mandate is the linchpin of the law “without marching through every nook and cranny of the ACA’s 900-plus pages. The court must find the individual mandate inseverable from the ACA,” he said. “To find otherwise would be to introduce an entirely new regulatory scheme never intended by Congress or signed by the president.”

Here’s the ruling:

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315 Responses to Texas Judge Rules Obamacare Unconstitutional, Primary Issue Surrounds Individual Mandate, (ruling pdf included)…

  1. StanH says:

    Let’s see:
    1) Barrycare [x]
    2) Build the wall [ ] Being worked on.
    3) Lock her up [ ] Should change to lock “them” up. Being worked on.

    Without our great President Trump (concern trolls), non of this would even be talked about. All of the caterwauling from the MSM is swamp gas. Do not follow the bouncing ball, but follow President Trump’s lead.

    Always remember to ask yourself, if not President Trump then who? If we see it, he sees it, and the President will move at his pace, not a 24hour news cycle, or a two year olds attention span (just so happens the same amount of time our great President has been flogging away at a century of swamp corruption.)

    MAGA! …by pacing with our great President Trump. All in due time.

    Liked by 5 people

  2. If this case makes it to SCOTUS, will Obama make a public comment targeted towards the squishy John Roberts? Yes. Will Roberts fold up like a cheap suit in shame and cower before our first black President? You bet he will.

    Roberts is all about ‘optics’ and precedent. Thanks W.

    Liked by 1 person

    • The Demon Slick says:

      He can’t now, he’s trapped by his own words. Hoisted on his own petard. Any new legal gymnastics to rewrite it would be too obvious. He said it only works as a tax, now there’s no tax. I don’t see how he gets around that.

      Liked by 4 people

  3. sDee says:

    Maybe I am still suffering a bit from Battered Conservative Syndrome, but will wait for the next shoe to drop.

    I know first hand that preventative and minor medical care could be affordable for average Americans OUT OF POCKET. Open-market major-medical insurance could be affordable and cover major risks if the lobbyists and politicians would end their collusion.

    Other than anti-trust and ending trade barriers between States – the Federal government just needs to GET THE HEII OUT OF HEALTHCARE. Otherwise, the sheer size and corruption of lobbyists from CoC, mega-hospitals, pharmaceutical and insurance companies will screw us again.

    Healthcare in America is bloated and consumed with massive regulatory costs, insurance company interference, insane legal/liability overhead, government mandates, administration costs, and taxes. This was well underway before Obamacare.

    A minor portion of what we and/or employers pay for insurance ends up in the hands of direct-patient care providers (provider costs). And even then, those cost are obfuscated to hide the huge overhead imposed on the providers by our over-regulated system.

    I have experience receiving primary care and minor medical treatment/diagnostic care, outside the medical insurance companies’ networks. on a cash basis. For about 5 years now we have been paying cash for our preventative care, primary physician and some diagnostic testing (eg xray, MRI, lab tests) on a cash basis. We have had used both an Internal MD and an Integrative MD (concierge) who refuse insurance. Both doctors told us they would no longer let insurance companies dictate how they treat patients. When we need tests or treatments they have a list of cash-based fees with local providers. We are off all meds, our health is good, and our out of pocket medial costs are way less than Obamacare deductibles.

    I can tell you that I pay more for a major service on our SUV than I pay for an annual checkup with bloodwork!

    Major surgery and other unexpected medical costs are of course a big risk for us. We have a plan that costs monthly about $350/person, but it is has risk holes in it. A True OPEN MARKET without government interference could make more such major medical/catastrophic plans available

    Liked by 11 people

  4. stpaulchuck says:

    “the U.S. Supreme Court’s prior irrationale for finding the ACA constitutional”

    TFIFY

    Liked by 1 person

  5. Kevin Failoni says:

    Always was a terrible law and plan. Prices out of control. Unaffordable Care Act!!

    Liked by 2 people

  6. covfefe999 says:

    It was a brilliant move to repeal the tax penalty. Just brilliant. And now the rest of that Obamacare mess will crumble.

    I’m reminded of Justice Roberts voting that the tax penalty was Constitutional. What a rat. He threw the entire middle class under the bus. Wealthy people didn’t have any trouble affording those unaffordable policies. Poor people were subsidized. The middle class was raped! F U, Justice Roberts.

    Liked by 13 people

    • vikingmom says:

      “Wealthy people didn’t have any trouble affording those unaffordable policies. Poor people were subsidized. The middle class was raped!”

      Exactly! Our premiums more than tripled at the same time that our deductible and out-of-pocket expenses increased by 10 fold. All of the financial planning we have done, for the last 30 years, in order to position ourselves for a comfortable retirement, has now been totally upended. And my kids, who were also taught how to be financially responsible, are equally screwed, at the other end of the continuum, all while the lobbyists, and the Congress Critters they own, have made out quite well indeed!

      But, the truth of the matter is that Obamacare was designed to fail so that everyone would clamor for “Medicare for all”…and mark my words, that’s exactly what the Dems in the House will propose next!

      Liked by 10 people

      • tonyE says:

        In Calimexistan them Commies in Sacramentograd have been clamoring for single payer.

        It’s such a crazy, expensive scheme that even Moonbeam vetoed it because it was unafordable.

        Let’s see what the new Gov. Adulterer does. The good thing, for my wife and I, is that we’re close to splitting the place, selling the house and moving to a hill side in Reno.

        But my kids might be stuck… except that my son is making noises about moving the the Pacific NW.

        Liked by 1 person

        • G. Willikers says:

          I really hate the term ‘single payer’ – its Democrat word gymnastics for a tax hike and every Democrat loves a tax hike. Government has to raise taxes on businesses and individuals and then launder that money to write the check for the “free” health care. ‘Single payer’ failed in Bernie Sanders own backyard of Vermont because of the negative impact the increased taxes to fund it would’ve had on businesses and individuals.

          “Vermont businesses would have been subject to an 11.5 percent payroll tax, while residents would have paid additional income taxes on a sliding scale, capped at 9.5 percent…Shumlin decided at the end of 2014 to kill the single-payer plan altogether. Shumlin conceded that instead of costing $2 billion annually, as his administration had originally estimated, the price tag would start at $2.59 billion in 2017 and go up to $3.17 billion by 2021.”

          http://www.governing.com/topics/health-human-services/gov-vermont-single-payer-health-system.html

          Like

      • The Phantom Stranger says:

        Obamacare by design was always meant to fail; the Dems planned on pushing universal healthcare run by the Federal Government once people got sick of the rising premiums. They thought President Hillary Clinton would usher it in after an easy 2016 win.

        Liked by 1 person

    • 6x47 says:

      One thing to remember: All the courts are doing is telling Congress to have another go at it, this version doesn’t pass Constitutional muster. Do over.

      Liked by 2 people

    • mopar2016 says:

      Bongocare was an illegal disaster from the start.
      We’ve got a lot of stupid people in this country, very uninformed over- educated sheep.
      My girlfriend thought that obamacare was great, until she couldn’t afford it anymore.

      I told her: Stop complaining, this is what you voted for when you voted for obama.
      We got along a lot better after I left. Lot of goofy people out there.

      Liked by 1 person

    • You are absolutely correct!

      Like

    • Haveaspine says:

      Who will have the last laugh? Hahaha

      Like

  7. NJF says:

    The whole premise is F’d up.

    Absent the enforcement of the individual mandate, Judge O’Conner ruled it was impossible for the Obamacare law to remain.”

    That right there. SMH he whole thing is an abomination to the constitution.

    Liked by 2 people

  8. StuckInBlue says:

    Merry Christmas, indeed!

    Liked by 1 person

  9. TM says:

    So does this mean the American People will get a REFUND FROM THE IRS? Wouldn’t that be nice!

    Like

  10. Bendix says:

    Mitch and Nancy can’t come up with a “plan” that doesn’t rip somebody off, as Obamacare was only a way to keep obscene amounts of money changing hands, under the racket we have come to know as “health care”.

    One of the major problems was that people making 8 or 9 bucks an hour, which under globalism was starting to be considered a princely sum, could not possibly afford the price of a doctor visit and a prescription.

    This problem was starting to solve itself somewhat, as places like NYC were seeing a rise in the popularity of the walk-in doctor offices, with more “transparent” pricing.
    Some people realized the money they saved by not paying for a “plan” you paid for every single month, to receive a discount when you did need to see a doctor, was more than adequate to pay for the doctor’s visit, yes, even with diagnostic tests such as blood work.

    What is needed is some kind of reasonable reform for when people do have insurance for hospital stays and major medical conditions.
    Even under the Obamacare “reform”, people were being shortchanged and flimflammed by their insurance companies and medical care providers.

    I’m thinking of the woman, with cancer, who carefully researches the hospital she will use for life-saving surgery, and chooses a less convenient one because it “accepts” her insurance.
    She then gets an astronomical bill from a surgeon who works at the hospital, but does not personally accept the insurance.
    How many seriously ill people can even do the preliminary “homework”?

    There is a major battle going on, to keep the unearned profiteering in the medical racket.
    The politicians have taken this on and failed, time and again.
    But here we go down that same road.

    Betsy McCaughey has a lot to say about where the money goes in this racket, although she does not quite grasp the fact that it is a racket.
    Since both branches of the Uniparty seem to hate her, I think she may be worth listening to.

    Liked by 1 person

    • covfefe999 says:

      With the penalty gone, I decided if I ever need to buy my own insurance I’m going to get the most bare bones plan, emergency-only if something like that exists, and I would pay for office visits in cash. If I can afford to pay for all of my medical care with cash it seems quite anti-American for force me to pay for an insurance policy that provides gross over-coverage.

      Liked by 1 person

  11. steph_gray says:

    By the way – has anyone noticed that, over the past two years, we had plenty of leftist judges issuing game-changing edicts to thwart VSGPDJT and MAGA…

    …And, if I’ve been keeping correct score (always a guess at best), isn’t this the first time we’ve had a sensible judge issue an edict supporting MAGA?

    Oh, but as the eeyores say, absolutely nothing good is happening and we’re doomed. /s

    Merry Christmas all! Yet another thanks to sundance for brilliant coverage too.

    Liked by 4 people

  12. Mr. T. says:

    When you have an arrogant jackass from M.I.T. by the name of Jonathan Gruber, construct a national healthcare plan, a plan where many backroom deals were done by the Obama administration to help put the ACA bill together, then have an idiot by the name of Nancy Pelosi, who used a lot of deception in order to get that bill through the House, it was only a matter of time before that ACA bill would eventually fall apart and not pass muster in the federal courts.

    I recall Pelosi’s staff being instructed not to give copies to many of the House members, who then tried to go up to Madame Botox’s desk on the House floor so they could look at the bill, only to be chased away by Pelosi and her staff. That botox bitch also promised to have the bill available online for 72 hours prior to bringing it up for a vote in the House, but again, just another lie as the bill was posted 24 hours before a vote was taken. Hardly enough time to read and digest the almost 1,000 pages of the bill.

    “if you like your doctor, you can keep your doctor.” If you like your plan, you can keep your plan.” “Households are expected to save $2500.00 annually on healthcare plans.”. All lies, brought to you by the man who used to be behind the curtain in the White House, Barry Obumbles.

    According to Jonathan Gruber, the American people are just a bunch of idiots, too stupid to understand what was in the ACA – Obamacare bill, it was necessary to lie to the American people in order to get the bill passed. Yep, quite the arrogant jackass.

    Liked by 5 people

  13. Sherri Young says:

    Maybe we’ll see a resurgence of mutual insurance companies for major medical coverage like we had when I was a child. We are already seeing a bit of this with Medi-Share.

    Liked by 3 people

  14. Hangtown Bob says:

    Well…… Barry Soetero never cared much for the Constitution anyway so it’s no surprise that OBAMACARE was unconstitutional. So much for his signature “accomplishment”.

    Liked by 2 people

  15. tonyE says:

    Next, Calimexistan’s AG Becerra will appeal the Texas Judge in the Ninth Court….

    Meanwhile, some Hawai’ian judge will declare that Single Payer is the law of the land.

    Liked by 1 person

  16. andyocoregon says:

    Gee, how does it feel loony lefties, to have a regional judge unravel what you’ve fought for?

    Liked by 1 person

  17. covfefe999 says:

    I feel bad for all of the people who had to pay for Obamacare or pay the penalty. Money thrown away for most of them, I’m sure. Many thousands of dollars. Very sad.

    Like

  18. covfefe999 says:

    Someone de-confuse me please. Is THIS tax time starting in January, for the tax year 2018, when people do not have to pay the penalty? Or is it tax time in 2020 for the tax year 2019? I hope it’s the former. And if it is I wonder why employers are still sending out those tax documents proving that you have an Obamacare-compliant policy.

    Like

    • Ray Schwamberger says:

      They didn’t get rid of the employer mandate, that’s why you’ll still see the paperwork from your employer on it. It will be when you file your 2018 taxes in the next few months that you will no longer face the illegall penalty on not buying insurance.

      Like

  19. Haveaspine says:

    McCain, we don’t need you after all.

    Liked by 1 person

  20. kea says:

    Best part is you have to sign up at the health care website. You can’t skip over certain questions.

    If you call a company to buy insurance they have to do it via the health care website. With my luck mine screwed up my b-day and the insurance company could not change it, I have to call the health care website to have it fixed and then had to reprocess my health claim.

    Like

  21. Zippy says:

    Obamacare Blown Up: Told Ya So, Now FIX IT DAMN YOU

    https://market-ticker.org/akcs-www?post=234698

    Excerpts:

    Date: 2018-06-11. Event: Tickerguy calls it.

    “Justice Roberts was single-handedly responsible for the destruction of the American Government via its Treasury via his idiotic and legally-infirm contortions in ruling the Affordable Care Act was in fact a tax, rather than a constitutionally impermissible command.”

    I was referring to the GOP setting the “mandate penalty” in Obamacare to zero, legally removing it.

    I said that this act was the destruction of Obamacare by the very decision Roberts wrote, and that he dug his own grave when he wrote that decision and then climbed in. Why? Because the law itself refused severability and Roberts’ opinion repeatedly affirmed this.

    Last evening: It happened.

    (Reuters) – A federal judge in Texas on Friday ruled the Affordable Care Act, commonly known as Obamacare, was unconstitutional based on its mandate requiring that people buy health insurance, a decision in a case that could reach the U.S. Supreme Court.

    Could?

    Will. And when it does Roberts will be required to follow his own opinion as it is far too young to overturn.

    It’s over folks.

    This is what I said back in the previous article about the fate of Obamacare ultimately, and why, when it was passed and being implemented, I wrote about getting the hell away from anything that might tie you to the medical industry.

    Now the choices are narrow.

    We must fix the medical system so it returns to 4% of GDP from nearly 20% today and we must do it right now.

    This is not impossible. In fact I’ve written dozens of articles on-point over the last decade, but the one any thinking American starts demanding their legislators enact now or get the hell out of office and be replaced by someone who will — not in two years, not in four, not “when we get around to it” but right damned now is found here:

    https://market-ticker.org/akcs-www?post=231949

    It can be done, it will come with serious short-term economic pain in the form of GDP decrease but it will permanently resolve the problem, it will result in better health and outcomes for Americans and it, or something that is similar in scope, intent, implementation and detail is the only fix that will actually work.

    For those of you who are “MAGA” types and claim Trump can’t do anything about this without Congress if you actually believe that you are too stupid to both vote and reproduce. The entire medical system violates 15 USC Chapter 1 which contains felony criminal penalties, daily. Trump could order the Justice Department, which is part of the Executive and thus under his control, to immediately bring felony criminal charges against every single individual and firm that fixes prices, divvies up markets, refuses to quote a price or does medical work without authorization and start locking people up. The behavior would change tomorrow if a few hospital executives were facing 10 years with Bubba as their “next assignment.” He hasn’t and until and unless the people of this nation demand that he do so and make clear they’ll enforce their demand he won’t.

    Simply put it is up to you, America, and time’s up.

    Like

    • Zippy says:

      Two US Supreme Court decisions making it clear that anti-trust laws apply to medical providers of all stripes, but not one charge has been leveled against any medical or insurance firm:

      Group Life & Health Ins. Co. v. Royal Drug Co., Inc., 440 U.S. 205 (1979)

      https://supreme.justia.com/cases/federal/us/440/205/

      Arizona v. Maricopa County Med. Soc’y, 457 U.S. 332 (1982)

      https://supreme.justia.com/cases/federal/us/457/332/

      Like

      • Yadent says:

        The medical industry is one of the largest lobbying groups in DC. BOTH parties have their hands in the money pot. The anti-trust laws are clear but money talks, everything else walks. Nothing will change until that industry devastates this economy and with it the country. Last fiscal year the Federal government spent 1.466 TRILLION dollars out of a roughly 4 trillion dollar budget on Medicare and Medicaid. At the Federal level healthcare spending has been growing at a rate of 8% per year for the last 20+ years. Exponential math tells one this ends badly in just a few short years.

        Like

  22. Tim glave says:

    It will not go to the supreme court. All President Trump has to do is order the doj not to appeal the case. The ruling will stand.

    Like

  23. It was unconstitutional (and Roberts was a lying idiot, on a par with Obama/Soetoro) WITH the individual mandate. What first amazed me was, Roberts was made CHIEF Justice the moment he came on the court. The all-around idiocy was and is beyond words.

    Like

  24. CountryDoc says:

    Obamacare was designed to fail and make the big money in health care (insurance companies, Pharma, pharmacy benefit mangers, and managed care plans, and big hospital systems) rich in the process. As a private physician, I am convinced that the insurance companies (who get paid up front via government, private, or employer paid premiums), are planning to own their own health care delivery system, and you won’t have a choice: The private providers will be out of business, and the employeed health care professionals (doctors and nurses and others) won’t have an effective voice in what health care you can have.

    Insurance companies are now owning pharmacies, care management companies, hospices, and palliative care companies.

    Unless changes are made at the same level as Trump is changing NAFTA, or physicians start requiring payment up front and getting totally out of the insurance business, Big Medical Money is going to continue to extract your money and minimize your healthcare.

    Liked by 2 people

  25. jbrickley says:

    Hmm, so is that one of the last achievements of Obama’s eight year reign being swept away? It’s almost like Obama accomplished absolutely nothing during his eight years in office. It was supposed to be his greatest accomplishment. Poof! Hey, whatever happened to his Presidential Library? Don’t former presidents get further along on constructing a monument to their legacy? Maybe it can be done with a hologram instead.

    Like

  26. TexasSnowman says:

    Haven’t read all the comments here; but is anyone else concern that VSGDJT wants Mitch and Nancy to get something done? “something’ they come up with could be just as bad as O-care; I’m still concerned that the President likes to “do deals’ even if they are way off the mark of what is best for the country, especially since some of his family advisors are essentially big-govenment liberals.

    Like

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