The U.S. Court of Appeals for the Fifth Circuit in a 2-1 decision ruled the individual mandate of the Affordable Care Act (ACA) unconstitutional and instructed the lower court, which had previously held the ACA unconstitutional, to determine whether the remaining portions of the ACA can stand.
“APIAHF is extremely disappointed in the court’s decision that puts the health of millions of Americans at risk, said Juliet K. Choi, senior vice president for government & external relations of APIAHF.
The Fifth Circuit Court of Appeals in New Orleans ruled that the ACA's individual mandate is unconstitutional, but stopped short of saying that the entire Obama-era law is invalid.
“The Fifth Circuit’s decision against the ACA could potentially disrupt our entire American health care system by leaving the decision to a sole judge who had already ruled against the ACA.," Choi said.
The Democratic attorneys general, led by California, who have intervened in the case shave already indicated that they will appeal the decision to the Supreme Court.
If the Supreme Court chooses to hear the case, Texas v. United States, right away, the ACA's fate could become the centerpiece of the 2020 presidential election.
If the SCOTUS justices wait until the lower court rules, the future of Obamacare would remain in limbo for years.
The opinion from the U.S. Court of Appeals for the Fifth Circuit is an embarrassment, both to the Republican-appointed judges who put their names to it and to the federal judiciary as a whole, reports The Atlantic. (The third judge on the panel, appointed by Jimmy Carter, dissented vehemently.)
Since the implementation of the ACA, sometimes referred to as Obamacare, the coverage disparity between whites and Asian Americans and Pacific Islanders had virtually disappeared.
Anticipating the matter will head to the U.S. Supreme Court, Choi said, "It is unlikely the Court would hear the appeal before the 2020 Elections, which underscores the need to elect leaders that will ensure our health care is protected.”
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