Wisconsin Gov. Scott Walker like many Republicans campaigned on promises that he would protect Americans with preexisting health conditions, even as his administration supported the lawsuit in Texas that would gut those protection
George W. Bush appointee, Reed Charles O’Connor, a federal judge on the United States District Court for the Northern District of Texas since 2007, Friday ruled the Affordable Care Act unconstitutional
Federalist Judge Reed O’Connor, who is known for issuing quick decisions in politically charged cases, appeared to sit on a decision in the Obamacare case, leading to speculation that he was waiting until after the midterms to blow up the health care system in an effort to help Republican candidates. He waited just a little over five weeks after the election to issue his controversial ruling, issuing it on Friday night, just as open enrollment for 2019 Obamacare plans was coming to a close.
Demonstrators protesting changes to the Affordable Care Act in June, when the Trump administration rolled out its legal initiative against the health law
I’m gobsmacked. This judge honestly thinks the Constitution requires the elimination of the entire ACA — including its Medicaid expansion, its provisions about calorie counts at chain restaurants, and its new rules on biosimilars — because of an unenforceable “mandate”?
Liberals took to Twitter to condemn the ruling, and its timing.
Adam Cancryn @adamcancryn
Adam Cancryn tweeted that then decision spells a downside for Republicans
The ruling is likely to be appealed to the 5th Circuit Court of Appeals, where its fate is uncertain. President Trump has appointed five new judges to that court who are extremely far-right and hostile to the ACA. But even some conservatives seemed to think the order was likely to be overturned on appeal for grossly overreaching. Conservative legal scholar Jonathan Adler agreed with Bagley, suggesting that O’Connor’s ruling was “insane” and that if it made it to the Supreme Court, it would be “lucky to get two votes.”