Judge’s Pointed Questions To Health Law Defenders Over Severability Hints At Which Way Case Will Go
U.S. District Judge Reed O’Connor, a conservative jurist appointed by President George W. Bush, had tougher questions for the defenders of the health law, led in part by California's attorney general, but he did not immediately rule on an injunction request. Meanwhile, the Trump administration cautioned that an immediate injunction would create "chaos" and asked that, if it's coming, that it be delayed until the new year.
The New York Times:
Another Case Is Threatening Obamacare. Democrats Hope It Will Help Them.
More than 1,000 miles from the caustic Supreme Court confirmation hearing of Brett M. Kavanaugh, a federal judge in Texas on Wednesday listened to arguments about whether to find part or all of the Affordable Care Act unconstitutional, in a case that may end up before a newly right-leaning set of justices. The case has become not simply a threat to the landmark legislation. Democrats have sought to make it both a flash point in the battle over whether to confirm Judge Kavanaugh and a crucial prong in their strategy to retake control of the House and Senate in the midterm elections. (Goodnough, 9/5)
The Associated Press:
No Immediate Ruling In GOP's Latest 'Obamacare' Lawsuit
The latest push to scrap the Affordable Care Act once and for all pressed ahead Wednesday as Republican-controlled states asked a federal judge to finish what Congress started last year and bring the law that insures 20 million Americans to a halt. A small group of protesters, some holding signs reading "Save the ACA," shouted across the street from a Fort Worth, Texas, courthouse where former President Barack Obama's health care law is again under attack. At issue are core principles of the law, including protections for people with pre-existing medical conditions and limits on how much older customers can be charged. (9/5)
Texas Tribune:
Texas Asks A Federal Judge To Block Obamacare Nationwide
At the hearing Wednesday, Texas aimed to convince U.S. District Judge Reed O’Connor to block the law across the country as it continues to fight a months- or years-long legal case that could land before the U.S. Supreme Court. Citing rising health care premiums, Texas says such an injunction is necessary to preserve state sovereignty and to relieve the burden on residents forced to purchase expensive insurance coverage. California counters that temporarily blocking or ending the law would cause more harm to the millions of people insured under it, particularly the 133 million people the state says enjoy the law’s protections for pre-existing conditions. The U.S. Department of Justice, which has taken up many of Texas’ positions in the case, nonetheless sided with California, arguing that an immediate injunction would throw the health care system into chaos. (Platoff, 9/5)
Modern Healthcare:
Judge Skeptical Of ACA's Standing Without Effective Individual Mandate Penalty
O'Connor, in his questions from the bench, cut straight to the so-called severability in the case—whether Congress, when it zeroed out the tax penalty in the 2017 tax overhaul, intended to keep the popular consumer protections in place.
"It does seem for the majority of cases, the Supreme Court says to look at the original legislation as enacted," O'Connor said. "Why would I not? Let's assume I don't buy the argument it is still a tax and believe the mandate should fall and I get to severability, why wouldn't I look at those cases?" (Luthi, 9/5)
The Washington Post:
The Affordable Care Act Is Under Fire Again In Federal Court
The nearly four hours of legal sparring at Wednesday’s hearing shone a light on the partisan acrimony surrounding the statute that, several years after it extended health coverage to millions of Americans, remains a favorite Republican whipping post and is serving as a convenient rallying cry for Democratic candidates in this year’s midterm elections. In an abnormal arrangement, attorneys for the federal government — the defendant in the case — sat on the same side of the courtroom as the plaintiff’s lawyers during Wednesday’s hearing. The odd seating pattern stems from the fact that the Trump administration is largely agreeing with the plaintiffs who are suing. In June, the Justice Department saying in a court filing it would not defend the law. (Goldstein and Reaves, 9/5)
The Wall Street Journal:
Judge Grills Democrats On Health Law’s Constitutionality
Judge O’Connor, who was appointed by former President George W. Bush, said he would issue a decision as quickly as he can. If he strikes down the ACA or parts of it, the 16 Democratic attorneys general who intervened in the case would likely seek a stay of the decision as they file an appeal. The case could wind up in the Supreme Court. Attorneys representing the Democrats said millions of people with pre-existing conditions could be harmed if the ACA is tossed. “The harm of striking down the ACA…would be devastating,” said Nimrod Elias, a California deputy attorney general. (Hobbs and Armour, 9/5)
Los Angeles Times:
Texas Judge Questions Which Parts Of Obamacare Should Stand In Latest Legal Challenge To The Law
The Trump administration earlier this year elected not to defend the law, an unusual departure from the Justice Department’s traditional responsibility to safeguard federal law. But attorneys for the state of California — which has joined with 15 Democratic-led states and the District of Columbia to defend the Affordable Care Act — urged O’Connor to instead focus on the intent of the lawmakers who wrote the 2017 tax law. (Levey, 9/5)
Bloomberg:
Trump Administration Fears `Chaos' If Obamacare Blocked Too Soon
The Trump administration isn’t defending Obamacare from a legal attack that could finally slay the embattled health-care law, but the federal government cautioned Wednesday that an immediate and nationwide halt may trigger “chaos.” Unlike the state of Texas, which urged a federal judge to block the Affordable Care Act right away, the Justice Department wants a court order not to take effect before Jan. 1, when the provision requiring people to pay a tax if they don’t have insurance is phased out. (Korosec, 9/5)