search
Sections List
American Journal News

Activist judge strikes down Obamacare in 'embarrassingly bad' ruling

With a decision that even conservatives acknowledge is poorly reasoned, an activist judge in Texas invalidated the entire ACA.

By Lisa Needham - December 17, 2018
Share
Texas District Judge Reed O'Connor

Late last Friday, only one day before the end of its open enrollment period, Judge Reed O’Connor, a conservative federal district court judge in Texas, struck down the entire Affordable Care Act (ACA).

It’s precisely the sort of activist judicial overreach that conservatives decry, but this time they’re quite happy with it. Trump tweeted praise for the ruling, asserting that overruling an existing law that protects people with pre-existing conditions somehow will lead to a great law that protects people with pre-existing conditions.

Judge O’Connor is a huge conservative favorite, and it’s no secret as to why the attorneys general that brought this lawsuit wanted him to be the one to rule on it. Back in 2016, O’Connor ruled that the Obama administration couldn’t enforce rules protecting transgender students. And even though the lawsuit was in Texas, the injunction he issued was nationwide. Conservatives have taken to filing their most controversial lawsuits in his jurisdiction, having relative certainty he’ll rule in their favor.

Judge O’Connor certainly came through this time. He issued a sweeping ruling declaring all of Obamacare unconstitutional. O’Connor ruled that the entire law needed to be thrown out because in 2017 Congress repealed the tax penalty that underpinned the individual mandate. In other words, because one provision got knocked out, the whole of the law had to go, even though Congress had a chance to do just that and chose not to do so.

He also waited until after the election to issue this ruling. This meant that many conservatives who campaigned on saying they cared about protecting pre-existing conditions didn’t have to address the fact that conservatives had brought a lawsuit trying to undercut the law.

However, even conservative scholars acknowledge that his ruling has serious flaws. A lawyer from the Competitive Enterprise Institute, which is anti-ACA, said the decision was “embarrassingly bad” because the judge was twisting himself into knots to get to his desired result.

Conservatives howl when judges appointed by Clinton or Obama rule against any conservative laws, calling them activist judges who don’t reflect the will of the people. O’Connor, though, is the one that is a perfect example of an activist judge. He flouted the intent of the law and issued a decision that makes no sense legally.

There’s a genuine chance that this ruling won’t stand. Legal scholars pointed out that the higher courts generally don’t like to overturn laws that have millions of people relying on them, as is the case here. The blue states that intervened in the lawsuit, like California, have the right to appeal the lawsuit, and the law remains in effect during those appeals.

Even though this particular ruling may not result in Obamacare being overturned at this time, it still has the effect of throwing everything into disarray, leading to uncertainty and despair for the millions that rely on the ACA for their health care coverage. And that’s exactly what conservatives want.

Published with permission of The American Independent Foundation.


Read More
Biden campaign launches new ad focused on Affordable Care Act

Biden campaign launches new ad focused on Affordable Care Act

By Kim Lyons, Pennsylvania Capital-Star - May 08, 2024
Ohio doctors fear effects of emergency abortion care case set to go before U.S. Supreme Court

Ohio doctors fear effects of emergency abortion care case set to go before U.S. Supreme Court

By Susan Tebben, Ohio Capital Journal - April 23, 2024
House GOP votes to end flu, whooping cough vaccine rules for foster and adoptive families

House GOP votes to end flu, whooping cough vaccine rules for foster and adoptive families

By Anita Wadhwani, Tennessee Lookout - March 26, 2024
U.S. House Speaker Johnson says IVF should be protected — just not by Congress

U.S. House Speaker Johnson says IVF should be protected — just not by Congress

By Jennifer Shutt, States Newsroom - March 14, 2024
Idaho bill banning public funds for gender-affirming care goes to Senate

Idaho bill banning public funds for gender-affirming care goes to Senate

By Mia Maldonado, Idaho Capital Sun - March 14, 2024
Alabama passed a new IVF law. But questions remain.

Alabama passed a new IVF law. But questions remain.

By Alander Rocha, Alabama Reflector - March 11, 2024
AJ News
Latest
House GOP celebrates National Police Week while pushing to defund local law enforcement

House GOP celebrates National Police Week while pushing to defund local law enforcement

By Jesse Valentine - May 16, 2024
Evolution denier Mark Robinson could reshape North Carolina’s education system

Evolution denier Mark Robinson could reshape North Carolina’s education system

By Jesse Valentine - May 16, 2024
Republican Jay Ashcroft backs anti-abortion clinics that push lies and disinformation

Republican Jay Ashcroft backs anti-abortion clinics that push lies and disinformation

By Jesse Valentine - May 14, 2024
Republican Sam Brown’s assault on teacher unions could backfire

Republican Sam Brown’s assault on teacher unions could backfire

By Jesse Valentine - May 09, 2024
Florida abortion ban puts GOP Rep. Anna Paulina Luna’s anti-choice views in spotlight

Florida abortion ban puts GOP Rep. Anna Paulina Luna’s anti-choice views in spotlight

By Jesse Valentine - May 07, 2024
Trump leaves door open to banning medication abortion nationwide

Trump leaves door open to banning medication abortion nationwide

By Jennifer Shutt, States Newsroom - April 30, 2024
Republican Caroleene Dobson wants Alabama abortion ban to go nationwide

Republican Caroleene Dobson wants Alabama abortion ban to go nationwide

By Jesse Valentine - April 30, 2024
Ohio Gov. DeWine said he didn’t know of millions in FirstEnergy support. Is it plausible?

Ohio Gov. DeWine said he didn’t know of millions in FirstEnergy support. Is it plausible?

By Marty Schladen, Ohio Capital Journal - April 29, 2024
GOP Rep. Zach Nunn suggests laws against hate crime aren’t needed

GOP Rep. Zach Nunn suggests laws against hate crime aren’t needed

By Jesse Valentine - April 15, 2024
GOP Senate candidate Hung Cao blames racial equity for Baltimore bridge tragedy

GOP Senate candidate Hung Cao blames racial equity for Baltimore bridge tragedy

By Jesse Valentine - March 29, 2024
GOP Rep. Jennifer Kiggans donates thousands to far-right extremists

GOP Rep. Jennifer Kiggans donates thousands to far-right extremists

By Jesse Valentine - March 08, 2024
Ohio senate candidate Bernie Moreno: “Absolute pro-life no exceptions.”

Ohio senate candidate Bernie Moreno: “Absolute pro-life no exceptions.”

By Jesse Valentine - March 07, 2024
Anti-China Republicans pocket thousands from Chinese owned conglomerate

Anti-China Republicans pocket thousands from Chinese owned conglomerate

By Jesse Valentine - March 04, 2024
Republican Eric Hovde makes inconsistent statements about family history

Republican Eric Hovde makes inconsistent statements about family history

By Jesse Valentine - February 26, 2024
Republican David McCormick invests millions in website that platforms Holocaust denial

Republican David McCormick invests millions in website that platforms Holocaust denial

By Jesse Valentine - February 09, 2024
Lawmakers will again take up bills expanding, tightening gun laws

Lawmakers will again take up bills expanding, tightening gun laws

By Annmarie Timmins, New Hampshire Bulletin - January 31, 2024
UAW delivers rousing presidential endorsement for Biden over ‘scab’ Trump

UAW delivers rousing presidential endorsement for Biden over ‘scab’ Trump

By Ashley Murray, States Newsroom - January 24, 2024
Republicans Sam Brown and Jeff Gunter sling mud in Nevada senate primary

Republicans Sam Brown and Jeff Gunter sling mud in Nevada senate primary

By Jesse Valentine - January 17, 2024
A Young Texas Woman Almost Died Due To The Texas Abortion Bans – Now She’s Battling To Save Other Women

A Young Texas Woman Almost Died Due To The Texas Abortion Bans – Now She’s Battling To Save Other Women

By Bonnie Fuller - January 10, 2024
Health care legislation preview: Maryland advocates want to focus on access, patients in 2024 session

Health care legislation preview: Maryland advocates want to focus on access, patients in 2024 session

By Danielle J. Brown, Maryland Matters - January 08, 2024
How GOP senate hopefuls try to excuse the  January 6 insurrection

How GOP senate hopefuls try to excuse the  January 6 insurrection

By Jesse Valentine - January 05, 2024
NH lawmakers will be taking up major voting bills this year. Here are some to watch for.

NH lawmakers will be taking up major voting bills this year. Here are some to watch for.

By Ethan DeWitt, New Hampshire Bulletin - January 04, 2024
Republican US Senate candidates want to make Trump’s tax cuts permanent 

Republican US Senate candidates want to make Trump’s tax cuts permanent 

By Jesse Valentine - December 22, 2023
Rand Paul went all in on the Kentucky governor’s race. It didn’t work.

Rand Paul went all in on the Kentucky governor’s race. It didn’t work.

By - December 15, 2023
Texas governor and attorney general do little to curb state’s chemical plant crisis

Texas governor and attorney general do little to curb state’s chemical plant crisis

By Jesse Valentine - December 08, 2023
Likely GOP Senate candidate Eric Hovde proposed tax hike for poorer workers and retirees

Likely GOP Senate candidate Eric Hovde proposed tax hike for poorer workers and retirees

By Jesse Valentine - December 07, 2023
Whitmer signs specific criminal penalties for assaulting health care workers into law

Whitmer signs specific criminal penalties for assaulting health care workers into law

By Anna Liz Nichols, Michigan Advance - December 06, 2023
105 Republicans voted to expel Santos for things Trump has also done

105 Republicans voted to expel Santos for things Trump has also done

By Jesse Valentine - December 05, 2023
For Texas Sen. Ted Cruz, another Trump term is another chance to kill Obamacare

For Texas Sen. Ted Cruz, another Trump term is another chance to kill Obamacare

By Jesse Valentine - December 04, 2023
Florida Sen. Rick Scott backs Donald Trump in revived push to repeal Obamacare

Florida Sen. Rick Scott backs Donald Trump in revived push to repeal Obamacare

By Jesse Valentine - November 30, 2023
Tate Reeves took donations from power company that hiked customer rates

Tate Reeves took donations from power company that hiked customer rates

By Jesse Valentine - November 06, 2023
Daniel Cameron ran on depoliticizing the Kentucky AG’s office. He made it more political.

Daniel Cameron ran on depoliticizing the Kentucky AG’s office. He made it more political.

By Jesse Valentine - November 03, 2023
Republican operatives sound every alarm on current trajectory of 2023 governor’s race

Republican operatives sound every alarm on current trajectory of 2023 governor’s race

By Adam Ganucheau, Mississippi Today - October 24, 2023
Ohio’s congressional Dems demand vote on contraception protection

Ohio’s congressional Dems demand vote on contraception protection

By Susan Tebben, Ohio Capital Journal - May 15, 2024
Veto overrides push Kansas anti-abortion bills into law, while Louisiana seeks to protect IVF

Veto overrides push Kansas anti-abortion bills into law, while Louisiana seeks to protect IVF

By Kelcie Moseley-Morris, Idaho Capital Sun - May 10, 2024
Ted Cruz’s wildfire relief reversal sparks accusations of hypocrisy

Ted Cruz’s wildfire relief reversal sparks accusations of hypocrisy

By Jesse Valentine - May 10, 2024