Just in from Texas Attorney General Ken Paxton:
Attorney General Paxton today filed a brief asking the United States Supreme Court to declare Obamacare unlawful in its entirety. At the heart of Obamacare is an individual mandate commanding Americans to purchase health insurance the federal government deems suitable. The Supreme Court upheld that mandate in 2012 because it included a tax penalty for noncompliance. In 2017 however, Congress eliminated that tax penalty—meaning the individual mandate at the center of Obamacare is unconstitutional.
Last year, the United States Court of Appeals for the Fifth Circuit declared the individual mandate unconstitutional but did not decide the fate of the remainder of the Act. Today’s filing asks the U.S. Supreme Court to affirm that statutory text is supreme, and when the statutory text proclaims the individual mandate “essential,” then the remainder of the law cannot stand without the unconstitutional mandate.
Obamacare has failed, and the sooner it is invalidated, the sooner each state can decide what type of health care system will best provide for those with preexisting conditions, which is the way the Founders intended. https://t.co/85VqvL1UxS
— Texas Attorney General (@TXAG) June 25, 2020
The Attorneys General of AZ, AL, AR, FL, GA, IN, KS, LA, MS, and TX have just filed a brief asking the Supreme Court to wipe out all of Obamacare — stripping millions of their residents of health insurance — during a pandemic that ravages their state. https://t.co/mzzqxoEsrK
— Daniel Jacobson (@Dan_F_Jacobson) June 25, 2020