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Judge lets Obamacare stand during appeal process

Judge rules Obamacare unconstitutional
Judge rules Obamacare unconstitutional 02:26

A federal judge in Texas who recently declared the Affordable Care Act unconstitutional has stayed his ruling to allow for appeals. That means "Obamacare" remains in effect while litigation continues.

In a ruling issued Sunday, Judge Reed O'Connor in Fort Worth wrote that he stands by his earlier conclusion that the entire law is invalidated by congressional repeal of its fines on people who remain uninsured, like a house of cards collapsing.

However, because "many everyday Americans would ... face great uncertainty" if that ruling were immediately put into effect, O'Connor issued a stay to allow for appeals. A group of Republican-led states brought the lawsuit forward earlier this year. 

California Attorney General Xavier Becerra, one of the defending attorneys general, has called the ruling an "assault on 133 million Americans with preexisting conditions." He is leading a coalition of Democratic state attorneys general who plan to appeal. 

President Trump applauded the judge's decision, saying he had "predicted all along" that Obamacare is unconstitutional.

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