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Monday, December 17, 2018

Court Rules Obamacare Unconstitutional, What Happens Now?

Obamacare unconstitutional, says judge in Texas case

Months after litigation in Texas vs. The United States began, America has an answer to “Is Obamacare unconstitutional?” and that answer, announced on Friday, Dec. 14th, is yes.

NPR reports that the judge presiding over the case, U.S. District Court Judge Reed O'Connor, took strongly into account a 2017 congressional tax bill that eliminated the individual mandate (a penalty for people who didn’t have or go get health insurance). Without the individual mandate, O’connor rules the ACA is unconstitutional.

How Open Enrollment 2019 Figures In

News outlets have noted that the ruling came a mere 24 hours before open enrollment 2019 closed, which was anticipated by many to be the day of the biggest signup numbers this season. A possible reason the decision Obamacare’s constitutionality rests with a request the Department of Justice made back when litigation began in September, asking the ruling to be postponed until after midterm elections and open enrollment.

Is The Affordable Care Act Still In Effect?

While the ruling has been made, concerns and questions about is the Affordable Care Act still in effect are valid. According to a statement from the White House, the law will remain in place until the appeals process is completed.

Seema Verma, who presides over Medicare and Medicaid, said in a statement on Twitter on Friday that “There is no impact to current coverage or coverage in a 2019 plan,” and that the marketplace and exchanges would continue as usual for the Open Enrollment 2019 season.

NPR reports that none of the Republican governors of the 20 states listed as plaintiffs in Texas. vs. United States mentioned the ruling on their personal Twitter accounts, perhaps because there is more litigation to come to determine is the Affordable Care Act still in effect.


They Ruled Obamacare Unconstitutional, What Now?

According to HealthLeader’s Media, Democratic attorneys general from the 16 states who intervened Texas vs. United States are expected to appeal the ruling to the Fifth Circuit Court in New Orleans, which yields a less certain answer to “Is Obamacare unconstitutional?”


Despite the recent tumult and uncertainty about open enrollment 2019, ALEs are still responsible for their 2018 ACA reporting. Why not let ACAwise’s full-service IRS-authorized reporting solution shoulder that burden instead? Schedule an appointment with one of our account managers today.


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