A coalition of 20 states sued the federal government on Monday, arguing that Obamacare violates the Constitution after Republicans repealed the law’s individual mandate.
Texas Attorney General Ken Paxton said in a statement, “The U.S. Supreme Court already admitted that an individual mandate without a tax penalty is unconstitutional. With no remaining legitimate basis for the law, it is time that Americans are finally free from the stranglehold of Obamacare, once and for all.”
The lawsuit, led by Paxton and Wisconsin Attorney General Brad Schimel, argues that without Obamacare’s individual mandate, the Affordable Care Act violates the Constitution.
Republicans repealed Obamacare’s mandate in December, which required Americans without health insurance to purchase insurance or pay a fine.
“Once the heart of the ACA — the individual mandate — is declared unconstitutional, the remainder of the ACA must also fall,” the lawsuit added.
The Supreme Court held that the Obamacare individual mandate penalty was constitutional because it serves as a tax and fell under Congress’ ability to levy taxes. The lawsuit contends that because the penalty no longer applies to Americans, the individual mandate cannot be called a tax.
Alabama, Arkansas, Arizona, Florida, Georgia, North Dakota, South Carolina, South Dakota, Tenessee, Utah, West Virginia, as well as Maine and Missippi joined Texas and Wisconsin in the lawsuit.
At the Conservative Political Action Conference (CPAC) last Friday, President Donald Trump argued that “Piece by piece by piece, Obamacare is being wiped out!”
President Trump then suggested that repealing Obamacare “piece by piece by piece” may serve as a better strategy than trying to repeal Obamacare with a comprehensive replacement bill such as Graham-Cassidy or the House-passed American Health Care Act (AHCA).
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