Ambiguity and American Jurisprudence

On December 14, Judge Reed O’Connor of the U.S. District Court for the Northern District of Texas ruled that ObamaCare is unconstitutional, despite the fact that the Supreme Court had twice ruled that the ACA is constitutional. What’s changed is that the 2017 tax law “eliminated” the Individual Mandate. And because the mandate is its central funding mechanism and is not severable from the rest of the act, the whole shebang must be tossed on the scrapheap of history. However, those who think the ACA a very bad piece of legislation shouldn’t get their hopes up. Because of the way Congress dealt with the mandate in 2017, O’Connor’s ruling will be overturned on appeal, after which the high court will refuse to take up the case and let the reversal stand. You read it here, folks. Although it’s seems unlikely that the O’Connor ruling will result in the demise of ObamaCare, this writer was curious about the ruling. Other than two...(Read Full Article)
You must be logged in to comment.
Register