The 5th Circuit Court in New Orleans has agreed with Texas-based Judge O’Connor’s lower court ruling that a key aspect of the ObamaCare law is unconstitutional. In 2017, Congress eliminated a tax penalty on people without insurance rendering the insurance requirement unconstitutional.

The court voted 2-1 and concluded the individual mandate that requires Americans to buy health insurance or face a tax penalty…was eliminated by Congress so the entire law could not be enforced.

Fox News reports that the panel sent the issue back to the lower court to decide whether other aspects of Obamacare must fall.

The decision by the court means there will likely be another Supreme Court vote on the Obamacare law.

Texas and 18 other Republican-led states filed the suit saying the ACA should be scrapped. Of course, the ACA was defended by Democrats in the House.

Judge Jennifer Walker Elrod said in her majority opinion: “It may still be that none of the ACA is severable from the individual mandate, even after this inquiry is concluded. It may be that all of the ACA is severable from the individual mandate. It may also be that some of the ACA is severable from the individual mandate, and some is not.”

OUR PREVIOUS REPORT ON OBAMACARE JUDGE O’CONNOR’S LOWER COURT RULING:

Former President Barack Obama and other prominent Democrats have been on a social media blitz, attempting to convince Americans to sign up for the disastrous first step towards socialized medicine.

Here’s our former community organizer turned president, turned community organizer, pandering to Americans to help keep his failed health care scheme alive, using his best Sesame Street voice, with scenes from his hip-hop presidency.

In less than 24 hours before the deadline to sign up for Obamacare in 2019, a federal judge in Texas just ruled that Obamacare must be scrapped. Unfortunately, Obama and his fellow Democrats efforts to push people into the disastrous program were all in vain. 

Politico reports – A federal judge in Texas late Friday threw the health coverage of some 20 million Americans in limbo by ruling Obamacare must be scrapped because Congress struck the penalty for failing to obtain insurance coverage.

The invalidation of the landmark 2010 law is certain to send shock waves through the U.S. health system and Washington after a midterm election seen in part as a rebuke to Republican efforts to tear down Obamacare.

President Trump just tweeted about how he has been predicting all along that Obamacare would be found to be unconstitutional.

As I predicted all along, Obamacare has been struck down as an UNCONSTITUTIONAL disaster! Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions. Mitch and Nancy, get it done!

https://twitter.com/realDonaldTrump/status/1073761497866747904

The decision will be immediately appealed, said California Attorney General Xavier Becerra, who led a group of blue states in intervening to defend the law. It could ultimately become the third major Obamacare case to be taken up by the Supreme Court, which has twice voted to uphold the law.

U.S. District Court Judge Reed O’Connor, a George W. Bush appointee in Fort Worth, Texas, issued the decision gutting the law in response to a lawsuit from 20 conservative-led states that sought to have the Affordable Care Act tossed out. They successfully argued that the mandate penalty was a critical linchpin of the law and that without it, the entire frameworks is rendered unconstitutional.

“In sum, the Individual Mandate ‘is so interwoven with [the ACA’s] regulations that they cannot be separated. None of them can stand,’” O’Connor wrote in his decision.

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