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Federal appeals court strikes down ObamaCare rule set up Supreme Court showdown

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A Federal appeals court upheld a lower court ruling that a key aspect of the ObamaCare law is unconstitutional — setting up another likely Supreme court showdown in a year of presidential elections.

The 5. U.S. Circuit Court of Appeals by a 2-1 vote, closed, the original law, the most important financing mechanism known as the individual mandate requires most Americans have health insurance or face buy a tax, the penalty was properly eliminated by the Congress and therefore the entire law could not be enforced

The appeals panel sent the issue back to the lower court to decide whether other aspects of the Affordable Care Act must fall.

The three-judge panel of the 5. U.S. Circuit Court of Appeals in New Orleans agreed with the Texas-based U.S. district judge Reed O ‘Connor’ s finding that the insurance requirement has been shown to be unconstitutional, if in the year 2017, Congress eliminated a tax penalty on people without insurance.

“The individual mandate is unconstitutional, because it can no longer be read as a tax, and there is no other constitutional provision justifies this exercise of the Congress the power,” the judgment said. “On the Severability question, we exist to remand to the district court for additional analysis of the provisions of the ACA, as it is today.”

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The court of appeal is complete because the individual mandate declared unconstitutional, the law on the financing of the mechanism could not be enforced in the current version of the Affordable Care Act.

Other parts of the law may survive, but the court of appeal asked the lower court to decide the Severability question, whether the entire law must be struck down or which parts of the law could still exist. It comes as the administration is working with Congress to find a replacement for the health reform law.

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Texas and 18 other Republican-led States filed the lawsuit, which was defended by Democrats and the house of representatives. Texas argued that, because of the illegality of the individual mandate, the entire ACA must be scrapped.

“It can still be that none of the ACA is severable from the individual mandate, even after this investigation is completed,” judge Jennifer Walker Elrod said the opinion of the majority. “It may be that all of the ACA severable from the individual mandate. It may also be that some of the ACA is severable from the individual mandate, and some don’t.”

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Dissenting judge Carolyn Dineen King said her colleagues were the extension of the “uncertainty about the future of the healthcare industry.” The king said, you would have found the mandate constitutional, although not enforceable, and left the rest of the law alone.

To force “in the year 2012, the Supreme court Obamacare upheld, despite the serious constitutional issues with the Federal government Americans to purchase a product from a private company. Until a final decision by the Supreme Court or Congress decides otherwise, the Affordable Care Act is the law of the country,” Grassley said in a statement after the verdict. The Congress should work to ensure that no matter the final result, the Americans, the pre-existing conditions are protected from losing their insurance or facing discrimination. This is something broad, cross-party support.”

The Associated Press contributed to this report.

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