Democratic attorneys general from more than a dozen states have filed a motion challenging a ruling that says Obamacare is unconstitutional. The attorney who won that case fully expects the matter to eventually go before the Supreme Court.
"We're not concerned. We expect this case to be appealed." That's Robert Henneke, general counsel and litigation director at the Texas Public Policy Foundation (TPPF) and lead counsel for the individual plaintiffs in the Obamacare lawsuit. "What's humorous in some ways is how the liberal states now seem to be competing over who can take credit for the loss."
Federal Judge Reed O'Connor said last week that, because the Tax Cuts and Jobs Act zeros out the tax penalty for not having health insurance, the healthcare law is invalid. The tax penalty is what upheld Obamacare at the U.S. Supreme Court in recent years.
Attorney General Xavier Becerra (D-California) is leading the coalition driving the defense of Obamacare, aka the Affordable Care Act.
"I don't think that they ever expected in their hubris to lose, despite the clear case law that was on our side," Henneke continues. "We've always known that this case would be resolved by the appellate courts and most likely the Supreme Court."
The appeal will be heard in the Fifth U.S. Circuit Court of Appeals. Henneke does not expect arguments until next fall.