Declare Obamacare unlawful in its entirety: Texas attorney general
States can and will do better than the ACA: Opposing view
The COVID-19 pandemic is one of the most devastating public health emergencies this country has witnessed during the past 100 years. States across our great country are taking different approaches to combat the spread of the virus, learning from one another’s experience to find the best path forward.
That’s the genius of our Constitution: It enshrines federalism and allows states to solve problems in ways that work best for them. And that tells us how health care should be regulated — not top down, by bureaucrats in Washington, D.C., but at the state level where citizens’ voices can best be heard.
In my ongoing fight against the Affordable Care Act, I have asked the U.S. Supreme Court to declare Obamacare unlawful in its entirety. At the heart of Obamacare is an individual mandate commanding Americans to purchase health insurance that Washington bureaucrats deem suitable.
OUR VIEW:COVID is no time to ask the Supreme Court to kill Obamacare
The Supreme Court upheld that mandate in 2012 because it included a tax penalty for noncompliance, and Congress has the power to tax. In 2017, however, Congress eliminated that tax penalty — meaning the individual mandate at the center of Obamacare is unconstitutional.
Congress declared in the text of the law that the individual mandate is the centerpiece of Obamacare. Without the unlawful mandate, the rest of the law cannot stand.
Obamacare has failed, and the sooner it is invalidated, the sooner each state can decide how best to regulate health care and protect those with preexisting conditions.
California’s needs are very different from Montana’s, and Massachusetts is in a different situation than Texas. Yet Obamacare is a one-size-fits-all approach. Obamacare has resulted in expensive, low quality health insurance that restricts access to care.
When Obamacare is struck down once and for all, states can get back to crafting tailored policies that address the needs, and conform with the values, of their own residents. This includes protecting preexisting conditions. States can and will do better.
Ken Paxton is the attorney general of Texas.
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