The appellate judges have all but ensured that the fate of Obamacare will remain uncertain through the presidential election, writes columnist hiltzikm
Relief because the three-judge panel of the U.S. 5th Circuit Court of Appeals stopped short of declaring the entire law unconstitutional, as had a lower-court judge ruling in a case brought by Texas and 17 other red states.
In practical political terms, the appellate judges have all but ensured that the fate of Obamacare will remain uncertain through the presidential election. That means that safeguards guaranteeing access to health coverage for millions of Americans with preexisting medical conditions will continue to hang in the balance, as will myriad other provisions of one of the most far-reaching statutes ever enacted by Congress.
More than 130 million Americans are waking up this Saturday morning to the news that their health coverage has been thrown into doubt. “Oral argument in front of the circuit went about as badly for the defenders of the Affordable Care Act as it could have gone,” University of Michigan law professor Nicholas Bagley said at the time. “We should be prepared for the worst — the invalidation of all or a significant part of the Affordable Care Act.”a remarkable mix of hubris and cowardice
There were a few small positive nuggets for ACA supporters in the ruling. The majority agreed that California, 16 other blue states and the District of Columbia had standing to defend the law in court. That should settle the stomach of ACA supporters who feared the appeals judges might rule that those states had no right to participate in the case, which would have left the law with no defenders.
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