JUST IN: Judges Decline to Block ‘Obamacare’ Mandate Despite Appeals Court Ruling it Unconstitutional – EVOL

A federal appeals court ruled that a mandate under the Affordable Care Act is unconstitutional, but it decided not to halt the requirement.

On June 21, a panel from the U.S. Court of Appeals for the Fifth Circuit decided that the mandate requiring insurers to cover preventive services like cancer screenings and HIV prevention drugs is unconstitutional.

They argued that because the task force issuing these requirements wasn’t appointed by the president or confirmed by the Senate, the mandate lacks constitutional validity.

The Affordable Care Act, often referred to as Obamacare, mandates coverage for “preventive care” without specifying its definition. Instead, it requires coverage of preventive services and drugs that are rated A or B by the United States Preventive Services Task Force.

Members of the task force wield power akin to that of presidentially appointed officers but are not appointed by presidents. The task force is completely independent, issuing legally binding ratings without supervision, the panel found.

“The unreviewable power it wields—the power to issue preventive-care recommendations that insurers must cover by law—renders its members principal officers of the United States who have not been validly appointed under Article II of the United States Constitution,” U.S. Circuit Judge



Subscribe to Our Free Newsletter