Summary: U.S. District Judge Reed O’Connor recent ruling striking down the Affordable Care Act as unconstitutional must first pass the U.S. Court of Appeals for the 5th Circuit before reaching the Supreme Court. Liberal and Conservative legal scholars are skeptical of the ruling, but still warn those dismissing the ruling to not underestimate the challenge. The Wall Street Journal editorial board compares O’Connor’s ruling to the liberal Ninth Circuit, saying that “Millions of people now rely on ObamaCare’s subsidies and rules, which argues against judges repealing the law by fiat.” The board is referencing the fact that O’Connor ruled that the decision by Republican-led Congress to eliminate the tax penalty for not complying with the ACA leaves it without a legal leg to stand on; in short, the entire act must fall.

Many do not expect the ruling to survive the 5th Circuit U.S. Court of Appeals, even though it is one of the nation’s most conservative appeals courts.  Read more here.

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