Another Ken Paxton failure, for which we should be grateful and also really pissed off.
The U.S. Supreme Court struck down a Texas-led legal challenge to the Affordable Care Act on Thursday, saying the plaintiffs in the 2018 lawsuit are not being harmed by the law’s unenforceable individual mandate provision — a central argument of the challenge.
The 7-2 ruling did not include an official opinion on whether the ACA, a sweeping piece of health care legislation commonly known as Obamacare, was constitutional.
Instead, the court focused its rejection of the lawsuit — brought by 18 states and two individuals — on its opinion that the plaintiffs didn’t have any standing to sue over the individual mandate, which requires Americans to purchase health insurance and had originally included a financial penalty for those who chose to remain uninsured. That penalty was zeroed out in a later Republican tax bill.
“A plaintiff has standing only if he can ‘allege personal injury fairly traceable to the defendant’s allegedly unlawful conduct and likely to be redressed by the requested relief,’” the opinion reads. “Their problem lies in the fact that the statutory provision, while it tells them to obtain that coverage, has no means of enforcement.”
It was the third time the high court defended the ACA against legal challenges, including a 2012 ruling that the initial mandate — and its tax penalty for noncompliance — was constitutional because it was within Congress’ taxing power.
Texas Attorney General Ken Paxton, a Republican, set out in 2018 to achieve through the courts what his party tried and failed for years to achieve in legislation: the end of President Barack Obama’s landmark health law.
And he failed, because Ken Paxton is a failure in life and in law, and we really need to dump his ass. I recommend you read Mark Joseph Stern’s analysis, which explains why this was a strong ruling. The next step is to elect a better class of Attorney General, here and elsewhere. The Chron has more.