The Affordable Care Act is again facing a critical legal challenge, as a federal appeals court in New Orleans considers a lower court's ruling that the law is unconstitutional. "That argument goes against well-established legal principles", Weiser said. But ending the ACA would also create chaos in other parts of the health care system that were directly or indirectly changed under the law's multitude of provisions - including calorie counts on menus, a pathway for approval of generic copies of expensive biologic drugs and, perhaps most important politically, protections for people who have preexisting conditions. The Trump administration is not defending the law and has filed arguments in favour of Mr O'Connor's ruling.
Speaking on behalf of Texas Attorney General Ken Paxton and the 18 other states involved in the case, the state's Solicitor General Kyle Hawkins urged the panel to rule that ObamaCare is unconstitutional in its entirety, arguing that when Congress enacted President Trump's tax overhaul, it rendered ObamaCare unconstitutional by doing away with the tax penalty for violating the plan's individual mandate.
But in a surprise move in March, the Justice Department said it now agreed with the December ruling that the entire Affordable Care Act should be struck down.
And he said determining which parts of a law can be salvaged and which must be removed is clearly a task for the courts, established by Supreme Court precedent.
In 2012, a divided US Supreme Court upheld most of its provisions, including the individual mandate, which requires people to obtain insurance or pay a penalty.
The hearing at the US 5th Circuit Court of Appeals - which pits blue states defending the law against red states and the Trump administration seeking its repeal - has also raised the possibility that the healthcare law, often called Obamacare, might survive in only parts of the country.
But Douglas Letter, an attorney for the U.S. House of Representatives, argued that the elimination of the tax penalty doesn't undermine the law's constitutionality.Читайте также: Apple brings True Tone to MacBook Air, faster chips to MacBook Pro
Lawyers from the Trump administration and a group of Republican states squared off against attorneys from a coalition of Democratic states and the House of Representatives. O'Connor is a conservative Republican and has previously blocked other policies implemented under former President Barack Obama. Republicans had tried, but failed to win full repeal of "Obamacare", as Trump had wanted.
The opposed states argue the law is a cavalier attempt to mandate Americans buy health insurance the government deems suitable and necessary. But Chief Justice John Roberts, joining four liberal justices, said Congress did have the power to impose the tax. But this year the first time no fines will be collected the number of people signing up for subsidized private insurance through the Affordable Care Act slipped only slightly.
The outcome will apply to all states, but is expected to be appealed to the US Supreme Court.
A three-member panel consisting of judges appointed by Presidents Trump, George W. Bush and Carter will hear the case Tuesday.
It all started in 2017 when Congress passed President Donald Trump's tax plan.
U.S. Senate Minority Leader Chuck Schumer (D-NY), holding a picture of head-injury victim Emilie Saltzman, and House Speaker Nancy Pelosi (D-CA) lead fellow congressional Democrats for remarks on health care coverage of pre-existing conditions, on the steps of the U.S. Capitol in Washington, U.S. July 9, 2019.
"If they are successful in striking down the Affordable Care Act, Republicans will own all of the consequences", Senate Democratic Leader Chuck Schumer of NY said on a call Monday with reporters.При любом использовании материалов сайта и дочерних проектов, гиперссылка на обязательна.
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