Despite a federal judge ruling that key parts of Obamacare are unconstitutional, it appears that if you like your Obamacare you can keep your Obamacare for the foreseeable future:
*WHITE HOUSE: OBAMACARE LAW REMAINS IN PLACE PENDING APPEAL
— Laura Litvan (@LauraLitvan) December 15, 2018
That's big. So here's the score: no injunction, no refusal to enforce, and the stage is set for an orderly appeal, where the red states will surely lose. Can't we all go to sleep now? https://t.co/OTDgbdatpr
— Nicholas Bagley (@nicholas_bagley) December 15, 2018
An explanation of the delay:
I'm getting a lot of questions about when the judge's opinion takes effect. Bottom line: nothing changes for now, and nothing will change for some time to come. Here's why.
— Nicholas Bagley (@nicholas_bagley) December 15, 2018
The judge entered a declaratory judgment, not an injunction. That means the Trump administration and the states are free to keep implementing the ACA. One district court judge's declaration doesn't bind the government nationwide.
— Nicholas Bagley (@nicholas_bagley) December 15, 2018
What's more, California is going to appeal this decision. And it'll probably seek a stay pending appeal out of an abundance of caution — though I don't think it technically needs to do so, since there's no injunction in place.
— Nicholas Bagley (@nicholas_bagley) December 15, 2018
Some court will enter a stay — probably Judge O'Connor himself, but failing that the Fifth Circuit or the Supreme Court. What's certain is that it's above the judge's pay grade to invalidate the entire ACA without any possibility of review.
— Nicholas Bagley (@nicholas_bagley) December 15, 2018
So breathe deeply. The Fifth Circuit is unlikely to take this frivolous case seriously, and the case will die without the Supreme Court having to intervene. In the meantime, the ACA will remain in effect.
— Nicholas Bagley (@nicholas_bagley) December 15, 2018
The wildcard here is the Trump administration, which has choices about how to respond. Will it keep enforcing, as it has been, while the case is still pending? That's my expectation. But if it throws a fit of pique and stops enforcing altogether, that could get ugly.
— Nicholas Bagley (@nicholas_bagley) December 15, 2018
Again, I don't think that's likely, and a competing lawsuit in Maryland might force the Trump administration to keep enforcing. In the meantime, the ACA remains intact, this insane decision notwithstanding. /fin
— Nicholas Bagley (@nicholas_bagley) December 15, 2018
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Related:
GUTTED: Federal judge rules key parts of Obamacare are unconstitutional https://t.co/ccilNpB7TI
— Twitchy Team (@TwitchyTeam) December 15, 2018
Journo Christmas party interrupted by Obamacare ruling, but at least they still have beer [photos] https://t.co/c4FngEdqjE
— Twitchy Team (@TwitchyTeam) December 15, 2018
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