Legal Scholars On Both Sides Of ACA Battle Pan Judge’s Ruling, Saying The Reasoning Is Flawed
Had Congress meant to take such radical action as to invalidate the entire law because of one provision, the experts say, it would have said so at the time. “He effectively repealed the entire Affordable Care Act when the 2017 Congress decided not to do so," Yale law professor Abbe Gluck told The New York Times.
The New York Times:
Health Law Could Be Hard To Knock Down Despite Judge’s Ruling
Could a federal judge in Texas be the catalyst that finally brings down the Affordable Care Act, a law that has withstood countless assaults from Republicans in Congress and two Supreme Court challenges? On the morning after Judge Reed O’Connor’s startling ruling that struck down the landmark health law, legal scholars were doubtful. Lawyers on both sides of previous A.C.A. battles said the reasoning behind this one was badly flawed, notably in its insistence that the entire 2010 law must fall because one of its provisions may have been rendered invalid by the 2017 tax overhaul legislation. Had Congress meant to take such radical action, they said, it would have said so at the time. (Hoffman, Pear and Liptak, 12/15)
The Washington Post:
Legal Experts Rip Judge’s Rationale For Declaring Obamacare Law Invalid
“There’s really no American that’s not affected by this law,” said Yale law professor Abbe Gluck, who filed an amicus brief with other lawyers in the Texas case. The judge’s ruling, she said, flouts settled legal doctrine and places key acts of Congress in reverse order. By ignoring that Congress specifically declined to strike down the ACA in 2017 when it chose to alter only one portion of the bill, she said, the judge decreed that the 2010 Congress, which first passed the law, has more authority than the same legislative body in 2017. “It’s absolutely ludicrous to hold that we do not know whether the 2017 Congress would have wanted the rest of the ACA to exist without an enforceable mandate, because the 2017 Congress did exactly that when it zeroed out the mandate and left the rest of the ACA standing,” Gluck said. “He effectively repealed the entire Affordable Care Act when the 2017 Congress decided not to do so.” (Barrett, 12/15)
The Hill:
Five Takeaways From The Court Decision Striking Down ObamaCare
But where legal experts particularly criticize O’Connor is his next step, where he ruled that because the mandate is unconstitutional, the rest of the Affordable Care Act is also invalid. Experts say that violates the established legal standard that Congress’s intent should be the guide, and in this case it is obvious that Congress intended for the rest of the Affordable Care Act to remain when it repealed only the mandate penalty last year. (Sullivan, 12/15)
