Judge’s ‘Mandate is Unconstitutional’ Ruling Gives States an Opportunity to Break Free *

Citizens’ Council for Health Freedom:  On Basis of 10th Amendment, States Can Take Back the Authority They Should Never Have Allowed the Federal Government to Assume*

ST. PAUL, Minn.—A Texas district judge’s recent ruling that the individual mandate of the Affordable Care Act is unconstitutional gives states an opportunity to break free from federal controls over care and coverage, says Citizens’Council for Health Freedom (CCHF)

“Judge Reed O’Connor rightly ruled the mandate "unconstitutional" and the Affordable Care Act ‘invalid,’” said CCHF president and co-founder Twila Brase. “The penalty-tax for failing to comply with the coverage mandate is considered essential to the law and the basis of its constitutionality. Since the tax no longer acts as a tax by dropping to $0 on Jan. 1, he ruled the mandate unconstitutional. And because the mandate is inseverable from the rest of the law, the entire Affordable Care Act must be struck.”

Because the decision is only a partial summary judgement, and no injunction was issued, Attorneys General in 16 Democratic-led states and Washington, D.C., have asked Reed to declare that his Dec. 14 decision isn’t binding, to put the ruling on hold, or to declare it a final judgement and thus open for immediate appeal. 

But the current situation gives states a chance to free their residents from the clutches of Obamacare. 

“The ACA is unconstitutional and invalid,” Brase said. “It has always been unconstitutional, regardless of any judicial decisions before or after Judge O’Connor’s ruling. But now, on the basis of the 10th Amendment, states suffering from the effects of the law should remember their state’s rights and take this opportunity to declare their freedom. In fact, according to Health Affairs, supporters of the ACA now fear the law will no longer be enforceable on Jan. 1, 2019, the day the tax for being uninsured drops to zero.”

Brase said supporters of the ACA may fear that governors and lawmakers in the 20 states that filed this lawsuit against the ACA will use Judge Reed’s ruling to immediately declare their state free of the ACA’s restrictions, controls and regulations. CCHF encourages this response, and asks states to immediately:

  • Announce plans to move forward with state laws and regulations that are non-compliant with the ACA’s costly and unaffordable requirements and meet the needs of their own residents 
  • Welcome insurers to offer affordable major medical (catastrophic indemnity policies) prohibited by the ACA for people age 30 and over
  • Authorize the affordable child-only insurance policies that went away under the ACA 
  • Require insurers and health plans regulated by the state to sell insurance policies all year long 
  • Re-open state high-risk pools for people with uninsurable pre-existing conditions
  • End any prohibitions against catastrophic plans and short-term, limited-duration plans

For example, Brase added, Idaho Gov. Butch Otter should ignore the Trump administration’s claims that it will enforce ACA penalties against carriers that try to sell the non-compliant plans he authorized in January by executive order—and sue the administration on behalf of the insurers if it tries. Texas Gov. Greg Abbott has already said the state will enact its own health care law if the federal law is struck down. CCHF encourages Gov. Abbot to move forward now, since the ACA has been ruled unconstitutional and invalid.

“The judge’s ruling is an opportunity for states to remember their constitutional 10th Amendment rights and to take steps to restore affordable health insurance options to their residents,” Brase said. “It’s an opportunity to push the public debate in the right direction—away from the ACA’s socialized medicine system and back to state and individual freedom.”

Brase writes extensively about socialized medicine, patient privacy, electronic health records, health freedom and how the Affordable Care Act has harmed patients and doctors since 2010 in the new book “Big Brother in the Exam Room: The Dangerous Truth About Electronic Health Records.” For more information, visit BigBrotherintheExamRoom.com.

Learn more about CCHF at www.cchfreedom.org, its Facebook page or its Twitter feed @CCHFreedom. Also view the media page for CCHF here. For more about CCHF’s initiative The Wedge of Health Freedom, visit www.JointheWedge.comThe Wedge Facebook page or follow The Wedge on Twitter @wedgeoffreedom.

*Revised with corrections on December 31, 2018