I’m a little late with this, but this was bound to happen:
A federal judge in Texas struck down the Affordable Care Act on Friday night, ruling that former President Barack Obama’s signature domestic legislation has fallen down like a losing game of “Jenga.”
U.S. District Judge Reed O’Connor in Fort Worth sided with the argument put forward by a coalition of Republican-leaning states, led by Texas, that Obamacare could no longer stand now that there’s no penalty for Americans who don’t buy insurance.
The U.S. Supreme Court had upheld the law in 2012, by classifying the legislation as a tax. But since Congress removed the individual mandate in 2017, O’Connor ruled, there’s no way the ACA can be allowed to stand.
Since Trump’s election, a precedent has been set whereby lower circuit, activist judges have been able to declare various presidential decisions illegal, thus thwarting the will of the White House. The most ludicrous of these was a judge deciding Trump’s temporary halt on immigration from six countries without functioning governments plus Iran was illegal partly on the grounds it might discourage tourism in Washington State. These cases usually have to go to the Supreme Court where the original ruling is struck down or heavily amended, and the White House can get on with its business once more.
One of the major weaknesses of the left is their inability to comprehend that whatever weapon they invent will shortly be wielded against them by their enemies. Hence if lower court judicial activism is now the game being played, they should expect conservative judges to take part sooner or later. Of course, the right doesn’t play as well as the left:
But the White House said that with the ruling expected to be appealed to the U.S. Supreme Court, the law will remain in place for now.
This is because they have no alternative, mainly thanks to the uselessness of Paul Ryan and other establishment Republicans. Ultimately, no number of conservative judges willing to make decisions for the cause is going to make up for that.