Former President Barack Obama left Washington, D.C., in 2017 believing that his legacy was secure and would never be dismantled.
That is no longer the case, especially after Obama just got hit with this nasty surprise that could ruin what’s left of his so-called “legacy.”
The U.S. Supreme Court has denied a motion from a coalition of Democrat-led states asking the justices to speed up the review of a federal appeals court decision that put the future of the Affordable Care Act (ACA) in doubt.
As noted by Fox News, the case pits a group of blue states led by California, as well as the House of Representatives, against Texas and 18 other GOP-led states’ efforts to strike down the ACA.
The Supreme Court rejected the motion on Tuesday means the case is unlikely to be heard by the nation’s highest court this term.
Last month, the U.S. Court of Appeals for the Fifth District ruled that Obamacare’s individual mandate is unconstitutional — and Democrats filed a motion to have the Supreme Court expedite the case.
“The individual mandate is unconstitutional because it can no longer be read as a tax, and there is no other constitutional provision that justifies this exercise of congressional power,” said the court.
The 5th panel wrote, “The individual mandate is unconstitutional because it can no longer be read as a tax, and there is no other constitutional provision that justifies this exercise of congressional power. On the severability question, we remand to the district court to provide additional analysis of the provisions of the ACA as they currently exist.”
As part of the GOP tax reform plan that was passed in December 2017, the mandate forcing individuals to obtain health insurance or suffer a penalty was scrapped.
That is what is being referred to here.
“On the severability question, we remand to the district court to provide additional analysis of the provisions of the ACA as they currently exist,” the court continued.
The question is now whether the rest of the law can be upheld without the mandate (i.e. severability).
The case has been sent back to a district judge who previously found the entire law unconstitutional.
Democrat-run states tried to force Obamacare through the courts by getting the Supreme Court to uphold the individual mandate.
But the Supreme Court denied a motion to speed up the trial.
This is a big win for the president because that means the original ruling by conservative states will stand for now — that Obamacare is unconstitutional.
By the time the court hears this case, it will be after the 2020 Election. I’m sure some Democrats were hoping this case would be wrapped up before November.
This marks the third time the courts have had the opportunity to strike down Obamacare, which many legal experts continue to argue is illegal.
While conservatives currently have a 5-4 majority on the Supreme Court, many worry that Chief Justice John Roberts will save the law again.
Back in 2010, Roberts — who was appointed by former President George W. Bush — sided with the four liberal Justices and ruled that Obamacare was constitutional and would be the law of the land.
Beyond that, Obama’s signature “accomplishment” is back on the chopping block.
So, what’s Obama’s legacy now? Giving billions of dollars to Iranian terrorists?