The federal judge in Texas, who found the Affordable Care Act unconstitutional earlier this month, said the law may remain in force during the appeal.
US. Judge of the district court, Reed O & # 39; Connor, wrote in his ruling on Sunday that "many Americans of everyday life would otherwise have great uncertainty during the pendency of the appeal."
But O & Connor still stands by its original decision, he wrote that a recent amendment to the Federal Tax Code by which the penalty for not Insured was eliminated, invalidating the entire Health Act, also known as Obamacare.
Before signing off, O Connor knocked down the ACA on December 14, alongside a group of 19 Attorney Generals and a Governor, led by Texas Attorney General Ken Paxton.
As Julie Rovner wrote by Kaiser Health News for NPR Following the decision of the District Court verdict: "The plaintiffs argued that the removal of the tax declared the rest of the law unconstitutional because the Supreme Court ruled the ACA in 2012 as the constitutional use of his Tax authority confirmed. "
Judge O & # 39; Co he did not agree with this argument.
"In a way, the question before the Court refers to the intentions of the 2010 and 2017 Congresses," wrote O & Connor in its 55-page decision. "The former gave up the ACA, who sucked off the last leg he was standing on."
The Democrats say they want to challenge O & # 39; Connor's partial verdict. A spokesman for Californian Attorney General Xavier Becerra, who has joined 16 other states to defend the ACA, said his state was "ready to challenge the December 14 decision."
"We have always said that we will protect the state health care of Americans and make it clear that the ACA is the law of the country," said Becerra in a statement emailed to NPR. "Today, the judge gave what we asked when we made our accelerated application, but at the end of the day, we're working to make healthcare affordable and accessible to millions of Americans, so we're moving forward."