A 20-state challenge may take down ObamaCare

Thursday, March 1, 2018
 | 
Chris Woodward (OneNewsNow.com)

ObamaCare (generic)One former attorney general is confident that a new lawsuit against Obamacare has a good chance at coming out victorious.

Attorney General Ken Paxton (R-Texas) is co-leader of an effort with 17 other attorneys general and two governors in suing to have the Affordable Care Act (ACA) declared unconstitutional.

Former Virginia Attorney General Ken Cuccinelli maintains that legal precedent established over five years ago makes for the perfect groundwork for the demise of Obamacare in the newly waged lawsuit.

"Based on the 2012 case, they should win," Cuccinelli shared Wednesday on American Family Radio (AFR) Talk’s Sandy Rios In the Morning.

The underlying argument involves the individual mandate penalty – or tax – that the United States Supreme Court under the Obama administration upheld in the first case against the ACA, which was held back in 2012.

"The tax reform bill that just went through eliminated that tax penalty – as of January 1, 2019," Cuccinelli explained. "What Congress has done and the president has signed eliminates the one hook the Supreme Court relied upon to hold Obamacare constitutional."

The case was filed Monday in federal court in Fort Worth, Texas, and has the support of Senate Conservatives.

Paul Larkin, senior legal research fellow at The Heritage Foundation, tells OneNewsNow he has observed that proposing to eliminate the tax on constitutional grounds would endanger the future of ObamaCare. 

"The only surprise I had," he says, "was that it took so long for someone to bring a lawsuit." 

"The government has to respond to the complaint, and that's really interesting," Cuccinelli pointed out. "So, now Donald Trump and his administration are being sued over Obamacare because they're in office, and my own view is they ought to simply acknowledge that it's unconstitutional – and that it ends on December 31, 2018. They ought to just settle the case."

Texas and Wisconsin are joined in the lawsuit against Obamacare by Alabama, Arkansas, Arizona, Florida, Georgia, Indiana, Kansas, Louisiana, Maine (Gov. Paul LePage (R-Maine), Mississippi (Gov. Phi Bryant (R-Miss), Missouri, Nebraska, North Dakota, South Carolina, South Dakota, Tennessee, Utah and West Virginia.


Editor's Note: This story has been updated with comments from Paul Larkin.

Consider Supporting Us?

The staff at Onenewsnow.com strives daily to bring you news from a biblical perspective. If you benefit from this platform and want others to know about it please consider a generous gift today.

MAKE A DONATION

Comments

We moderate all reader comments, usually within 24 hours of posting (longer on weekends). Please limit your comment to 300 words or less and ensure it addresses the article - NOT another reader's comments. Comments that contain a link (URL), an inordinate number of words in ALL CAPS, rude remarks directed at other readers, or profanity/vulgarity will not be approved. More details

SIGN UP FOR OUR DAILY NEWSBRIEF

SUBSCRIBE

VOTE IN OUR POLL

What happens when educational institutions publicly "repent" of past sins like racism and slavery?

CAST YOUR VOTE

GET PUSH NOTIFICATIONS

SUBSCRIBE

LATEST AP HEADLINES

White House digs in on border wall demand, risking shutdown
Giuliani: ‘Over my dead body’ will Mueller interview Trump
Bomb kills 8 in Syrian town held by Turkey-backed forces
Strasbourg remembers victims of the Christmas market attack
Germany sees notable drop in asylum applications in 2018
Trump visits Arlington cemetery for holiday commemoration

LATEST FROM THE WEB

YouTube censors video exposing anti-Semitism
Campus memorial for Pittsburgh synagogue victims vandalized with pro-Palestinian propaganda
Megachurch pastor buys his wife $200,000 Lamborghini
Another RINO bites the dust
Middle schooler arrested for too many absences

CARTOON OF THE DAY

Cartoon of the Day

REASON & COMPANY

NEXT STORY
Mayor to Calif. AG: Do your state a favor and reprioritize

California sanctuary stateA California mayor suggests the state's attorney general needs to concentrate more on prosecuting dangerous illegal alien criminals – and less on defending the state's sanctuary policy.