If last week's ruling that ObamaCare is unconstitutional is appealed, it will be upheld in the Supreme Court, according to Fox News senior judicial analyst Judge Andrew Napolitano.
“I think it was absolutely the right decision,” Judge Napolitano said on FOX Business’ “Mornings with Maria” on Monday. “I think it’ll be upheld by the Supreme Court if John Roberts is intellectually honest."
On Friday, a Texas judge ruled the individual mandate of the Affordable Care Act (ACA), also known as ObamaCare, is unconstitutional, stemming from part of President Trump’s $1.5 trillion tax cut approved last December, which eliminated the law’s mandate, that is, the penalty for not purchasing health insurance.
The Supreme Court already ruled 5-4 to approve the law during the Obama presidency, as Chief Justice John Roberts sided with the court’s four liberals by finding the mandate is actually a tax and thus within the bounds of what the Constitution allows Congress to levy. The court’s conservatives, however, disagreed, opposing the law because of their view that the ACA unconstitutionally compels citizens to purchase a product.
The case is likely to be appealed by a coalition of 16 states, as well as the District of Columbia, to the U.S. Court of Appeals for the 5th Circuit and then eventually be heard before the Supreme Court.
Without the individual mandate, Judge Napolitano said, “There’s no constitutional basis for it to stand.”
In the meantime, the ruling, which came a day before the signup deadline, will have no immediate impact on coverage since no injunction has been filed.
Trump tweeted on Monday urging Congress to deliver a bipartisan solution to health care.
“A confirming Supreme Court Decision will lead to GREAT HealthCare results,” he said.
Democrats will take control of the House in January, but Republicans still maintain the majority in the Senate.