By Steve Brawner, © 2018 by Steve Brawner Communications, Inc.
Remember last year when congressional Republicans failed to repeal Obamacare after talking about doing so for years? It turns out they may have succeeded, fully or partly, by acting indirectly.
In December, Congress passed the Tax Cut and Jobs Act, which all six members of Arkansas’ congressional delegation supported. The legislation ended Obamacare’s penalty for failing to comply with the individual mandate to buy health insurance. The penalty goes away at the end of this year.
To understand why that’s important, you have to look back to 2012, when the U.S. Supreme Court ruled that the Affordable Care Act – Obamacare – was constitutional in National Federation of Independent Business v. Sebelius. The court ruled that Congress could not compel individuals to purchase insurance. However, it said the mandate’s penalty was a “tax,” which Congress can enact. Chief Justice John Roberts, appointed by President George W. Bush, wrote that opinion. That’s how the individual mandate survived.
Now that there’s no tax, a Texas-led coalition of 20 states, including Arkansas under Attorney General Leslie Rutledge, is suing the federal government in hopes of having the entire law declared unconstitutional. The lawsuit says that without the individual mandate, the law is now “an irrational regulatory regime governing an essential market.” Continue reading Has Obamacare already been repealed?