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AG Schmidt Statement On Federal Appeals Court Ruling

 

A federal appeals court ruled Wednesday that the individual mandate in the Affordable Care Act, better known as Obamacare, is unconstitutional. But it sent the case back to the trial judge for another look at whether the entire law is invalid or if some parts can survive.

 

Kansas Attorney General Derek Schmidt said that “today's ruling is confirmation that the power and scope of the federal government are not unlimited. The appeals court sent the case back to the district court to more thoroughly assess whether other parts of the ACA can survive despite the unconstitutional mandate. This further judicial review will take time".

 

The decision came in Texas et. al. v. United States, a lawsuit filed in 2018 by several states, including Kansas, arguing that Congress exceeded its constitutional authority in ordering citizens to purchase insurance policies.

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