Yesterday, a federal district court judge ruled the ACA (“Obamacare”) was completely unconstitutional. His rationale was as follows:
The ACA individual mandate was considered unconstitutional as a mandate on action by five justices in the Sebelius decision, but allowed as a proper example of taxing authority. However, there is no longer a “tax” on the decision not to follow the mandate, thanks to the 2017 tax overhaul. Therefore, the ACA has a mandate on individual action, which was determined to be unconstitutional in Sebelius. Since the mandate is integral to the entire act, the entire act must be found unconstitutional.
Needless to say, appeals will follow.
So, assuming that this decision is upheld on appeal, what now? Specifically, what can the Republican Party do/agree to that would implement the popular portions of the ACA (carrying children to 26, not barring/penalizing prior conditions, etc.) without violating the basic economic and governmental principles of the party? What will be done to protect people who’s insurance policies were being provided under the provisions of the act?