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Why the Fate of Obamacare Is Back in the Hands of Federal Court Judges


Obamacare is facing a fresh legal challenge in federal court where judges will determine if the healthcare law should remain in place.

The fate of the law is now in the hands of the 5th US Circuit Court of Appeals in the case of "Texas vs. United States."

At issue is whether a lower court acted properly in striking down the Affordable Care Act after Congress voted to end the "individual mandate" in December of 2017. 

Texas leaders argue against Obamacare, saying the entire law is now unconstitutional since the "individual mandate" – which is the so-called "tax" that the Supreme Court had once upheld – is now gone.

Kimberly Leonard with the Washington Examiner spoke to CBN News about the "high stakes case" in America's healthcare battle.

"Legally it might be appealed to the Supreme Court which may or may not take it up. Different analysts think that if the 5th Circuit upholds the Affordable Care Act (ACA) then the Supreme Court would be unlikely to take up Obamacare again. The Supreme Court has taken up Obamacare many times," she said. 

Leonard explained how the termination of ACA would impact Americans and their healthcare system.

"The 20 million people that it would affect the most are those enrolled under Obamacare's Medicaid Expansion, who are low income people or people who buy their health insurance from the Affordable Care Act exchanges," Leonard said.

"Seniors paying for drugs and Medicare and the young people on their parents' health insurance plans until the age of 26 will be affected. Protections for people with pre-existing conditions like cancer and diabetes. Even if it were to be struck down, a lot of folks feel that lawsuits would follow," she concluded.

The Associated Press reports that 11.4 million people have signed up for the coverage this year, a decline of more than 500,000 from 2018. 

It's unclear when the 5th circuit will rule on the appeal, but the Supreme Court may ultimately decide the fate of Obamacare.

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