Judge: ACA to stay in place during appeals process

The Affordable Care Act will remain in place for the time being after a judge declared the healthcare rule was unconstitutional in late December. The judge, U.S. District Court Judge Reed O'Connor, has since stated the ACA will remain in effect while the case goes through an appeals process.

The case stems from a Republican-launched lawsuit that sought to overturn the ACA by arguing it was unconstitutional after Congress gutted the individual mandate penalty in the 2018 budget act. After finding the entire ACA unconstitutional, O’Connor did not immediately issue an injunction to keep the law in action as the case would be appealed.

Democrats subsequently asked for clarity from the judge to ensure the healthcare system would not be thrown into chaos. The Trump administration has declined to defend the ACA from the lawsuit. Democrats in Congress, poised to take majority of the House on Thursday, also noted they will authorize Nancy Pelosi, who will take over as house speaker, to intervene in the case, CNBC reported.

Amy Baxter

Amy joined TriMed Media as a Senior Writer for HealthExec after covering home care for three years. When not writing about all things healthcare, she fulfills her lifelong dream of becoming a pirate by sailing in regattas and enjoying rum. Fun fact: she sailed 333 miles across Lake Michigan in the Chicago Yacht Club "Race to Mackinac."

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