The hits keep on coming for Barack Obama.
Former President Obama left office believing his legacy was secure and free from any attacks.
But this court ruling just hit Barack Obama with some extremely bad news.
The Fifth Circuit Court of Appeals looks poised to dismiss an appeal to a district court judge’s ruling that struck down all of Obamacare as unconstitutional.
20 Republican state Attorneys Generals sued the government after the 2017 tax law nixed the individual mandate penalty.
They argued that without the mandate tax, Obamacare falls apart.
Initially, no one expected this challenge to succeed.
But they won at the district court level, and after the Trump administration switched its position to support the lawsuit, the Fifth Circuit Court is left wondering if anyone has standing to appeal the district court’s verdict.
If the Fifth Circuit rules no one has standing to appeal the decision, then the district court’s ruling stands.
A federal appeals court this afternoon questioned whether Democratic states and the House of Representatives have the right to appeal a court ruling that declared all of Obamacare unconstitutional.
In a surprise move that legal experts said added an unexpected threat to Obamacare, the 5th U.S. Circuit Court of Appeals asked who — if anyone — has standing to appeal the December lower court ruling after the Trump administration recently sided with red states who brought the lawsuit.
The request from one of the most conservative circuit courts in the country suggests that the judges who will hear the could toss out the appeal on procedural grounds. In that scenario, the lower court ruling would stand, leaving in doubt the future of the expansive 2010 health care law.
The implications of such a decision for the future of the Affordable Care Act are difficult to parse without more information, legal experts said. But most suggested that it wouldn’t bode well for supporters of Obamacare.
This decision will mean the Supreme Court will get a third – and likely final – chance to rule Obamacare is unconstitutional.
Chief Justice John Roberts already saved the law twice. Will he do so a third time?
Let us know what you think in the comments below.