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Judge Who Dumped ACA: It Can Stay for Now

Federal judge says ObamaCare will remain in place while appeals play out
By Newser Editors and Wire Services
Posted Dec 31, 2018 9:22 AM CST
Michael Lummus talks about his reliance on the Affordable Care Act at Eldon B. Mahon US Courthouse in Fort Worth, Texas, Sept. 5, 2018. Texas AG Ken Paxton's proposal to repeal the ACA is set for a hearing...   (Max Faulkner/Star-Telegram via AP)
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(Newser) – A federal judge in Texas who recently declared the Affordable Care Act unconstitutional has stayed his ruling to allow for appeals. That means ObamaCare remains in effect while litigation continues, reports the AP. In a ruling issued Sunday, Judge Reed O'Connor in Fort Worth wrote that he stands by his earlier conclusion that the entire law is invalidated by congressional repeal of its fines on people who remain uninsured, like a house of cards collapsing.

However, because "many everyday Americans would ... face great uncertainty" if that ruling were immediately put into effect, O'Connor issued a stay to allow for appeals. A group of Republican-led states brought the lawsuit. A coalition of Democratic state attorneys general, led by California's Xavier Becerra, intends to appeal. Congressional Democrats also plan to appeal. (The ruling hinges on a principle known as "severability.")


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