Judge who struck down ObamaCare says it will remain in place during appeal process

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The federal judge who struck down ObamaCare earlier this month issued an order on Sunday saying it will remain in place during the appeal process.

U.S. District Court Judge Reed O’Connor ruled several weeks ago that the Affordable Care Act’s (ACA) individual mandate is unconstitutional. Because the mandate cannot be separated from the rest of the law, the rest of the law is also invalid, he ruled.

O’Connor’s ruling states that the Supreme Court in 2012 upheld the mandate to have coverage because of Congress’s power to tax, but the fine for failing to comply with the mandate was removed by Congress last year. He argues that means the mandate is no longer a tax and therefore is unconstitutional.{mosads}

Seventeen attorneys general, led by California’s Xavier Becerra, shortly after began the process to appeal the decision.

They asked O’Connor to issue an order clarifying that the ACA must be enforced at the federal and state level while the case is appealed.

O’Connor’s opinion created confusion about whether ObamaCare will be unenforceable once the repeal of the individual mandate takes effect Jan. 1, the attorneys general said in the expedited motion. 

The judge in the order on Sunday wrote “many everyday Americans would otherwise face great uncertainty during the pendency of appeal.”
He wrote that the order declaring the individual mandate unconstitutional should be stayed as the appeal process unfolds. 
Updated: 7:13 p.m. 
Tags Xavier Becerra

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