Connecting today’s news with the research and opinion you need from TPPF experts.
What to know: A federal judge has sided with the Texas Public Policy Foundation and the state of Texas, and ruled that the Affordable Care Act is unconstitutional.
“A federal judge in Texas said on Friday that the Affordable Care Act’s individual coverage mandate is unconstitutional and that the rest of the law therefore cannot stand,” CNN reports. “Legal experts say the ruling won’t immediately affect Americans’ health coverage, and a group of states led by California is already vowing to appeal. But the invalidation of the landmark health care law popularly known as Obamacare throws into doubt the future of health coverage for millions of Americans on the Obamacare exchanges and in Medicaid expansion.”
The TPPF take: The individual mandate is the fatal flaw in the Affordable Care Act.
The U.S. Supreme Court has already held that the individual mandate—absent the tax penalty—is unconstitutional,” says TPPF’s Rob Henneke, who argued the lawsuit in federal court. “Now that Congress has set the tax penalty at zero, it no longer performs the essential function of a tax, which is to generate revenue for the federal government. Obamacare can’t stand.”