U.S. Fifth Circuit Court of Appeals Agrees: Obamacare Individual Mandate is Unconstitutional | Citizens Against Government Waste

U.S. Fifth Circuit Court of Appeals Agrees: Obamacare Individual Mandate is Unconstitutional

The WasteWatcher

Yesterday, the U.S. Fifth Circuit Court of Appeals in New Orleans upheld the Texas District Court’s decision that the Patient Protection and Affordable Care Act’s (ACA), or Obamacare, individual mandate was unconstitutional because the 2017 Tax Cuts and Job Act had reduced the fine for not buying insurance to zero, invalidating the mandate. 

There is no reason for anyone to panic.  No one who purchases health insurance in an Obamacare exchange will lose their health insurance.  The law will continue to be litigated and its fate will be decided at the Supreme Court.  Due to timing, it is unlikely the case will be heard by the Supreme Court in time for a decision in June 2020, so nothing will be decided until 2021.  And even then, if the Supreme Court should agree that the individual mandate is unconstitutional, Congress would be given time to fix the problems it created with Obamacare.

Another thing to remember is Democrats finally agree with Republicans that Obamacare is not working.  But their replacement plan is to push another big government solution, “Medicare for All” on everyone.  Why should the American people trust the same politicians that promised to fix our healthcare system in 2010 with Obamacare to make it better going forward?

Contrary to a common refrain, the Republicans do have plans that they have been quietly working on with free-market organizations across the country, including Citizens Against Government Waste.  One plan, “The Healthcare Choices Proposal” has the attention of Senators, while the House Republican Study Committee has offered their reform plan, “A Framework for Personalized, Affordable, Care.”  While the plans have different approaches on how to implement their ideas, they agree on the major issues that Americans care about.

Both plans protect people with pre-existing conditions, while improving choices and lowering costs.  Both plans empower Americans to have the kind of healthcare plan they want, not what Washington D.C. dictates.

The Trump administration has proven that these ideas can be implemented.  The administration has utilized its regulatory authority to give states more flexibility to design healthcare plans that protect people with pre-existing conditions while allowing choice and lowering costs.

Once again, healthcare will be a major issue in the 2020 election.  Americans will have a choice to make, do they want politicians and bureaucrats to decide what is best for them through the costly “Medicare for All” or do they want their decision-making power to stay with them?

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The WasteWatcher: The Staff Blog of Citizens Against Government Waste