U.S. Appeals Court to Take Up Constitutionality of Obamacare

U.S. District Judge Reed O’Connor in Fort Worth, Tx., agreed in December 2018, saying the individual mandate was unconstitutional because it no longer triggered a tax.

O’Connor, nominated by former Republican President George W. Bush, said that because Obamacare called the mandate “essential,” the entire law must be struck down.

The U.S. Department of Justice initially argued the mandate was unconstitutional but most of Obamacare could be severed from it. But it argues on appeal the law’s balance must be struck down.