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The federal judge who overturned ObamaCare earlier this month issued an order Sunday stating that he would remain in place during the appeal process.
US. Judge Reed O'Connor of the District Court ruled several weeks ago that the individual mandate of the Affordable Care Act (ACA) was unconstitutional. Since the mandate can not be separated from the rest of the law, the rest of the law is also invalid, he said.
O Connor's decision states that the Supreme Court upheld in 2012 the protection warrant because of Congress's power to tax, but the fine for non-compliance with the warrant was removed by Congress 'last year. He states that the mandate is no longer a tax and is therefore unconstitutional.
Seventeen attorneys general, headed by Xavier Becerra of California, shortly after began the appeal process of the decision.
O & # 39; Connor must make an order stating that the ACA must be applied at the federal and state levels while the case is being appealed.
O Connor's opinion has created confusion as to whether ObamaCare will be inapplicable once the repeal of the individual mandate takes effect. January 1, the attorneys general stated in the expedited application.
The judge in Sunday's order wrote "many ordinary Americans would otherwise face great uncertainty during the appeals process".
He wrote that the ordinance declaring the individual mandate unconstitutional had to be suspended during the appeal process taking place.
Last update: 19:13.
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