Barack Obama has dodged two bullets from court cases planning to overturn Obamacare.
But the former President’s signature legislative achievement’s luck may be about to run out.
And Barack Obama was stunned into silence by what this court is about to do to him.
A group of Republican state Attorneys General won a shocking victory in a Texas district court where a judge ruled that because Congress zeroed out the individual mandate tax in the 2017 tax cut law, the entire Obamacare law falls apart because the statute’s regulations and mandates depended on individuals being forced to maintain health care coverage.
The Fifth Circuit Court of Appeals was all set to hear the case but the Republican state Attorneys General requested a three-week delay to prepare their case for oral arguments.
The Daily Caller reports:
A coalition of red states led by Texas requested Monday that they receive 20 extra days to file a supplemental brief and a delay of opening arguments in a case they hope will overturn Obamacare in front of the 5th U.S. Circuit Court of Appeals.
“As of today, it appears unlikely that any such response will be completed by the Court’s July 3 deadline,” Texas Solicitor General Kyle Hawkins said in a letter according to Politico.
The opening arguments were set for next week when Hawkins sent the letter.
The makeup of the three-judge panel was revealed Monday. Judge Jennifer Elrod, a George W. Bush appointee; Judge Kurt Engelhardt, a Trump appointee; and Judge Carolyn Dineen King, a Jimmy Carter appointee, will hear the arguments, reported The Washington Post.
Considering the makeup of the panel of judges that will hear the case – two Republican appointees and one Democrat appointee – there is a good chance the Republican states’ Attorneys General will win at the circuit court level.
That would give conservatives a third – and final – chance at the Supreme Court to finally win a ruling that strikes down the unconstitutional Obamacare statute.
We will keep you up-to-date on any new developments in this ongoing story.