AG Paxton Files Brief Supporting Fifth Circuit’s Obamacare Decision

AUSTIN
– Attorney General Ken Paxton filed a brief with the United States
Supreme Court today, arguing that the Fifth Circuit’s decision to
declare Obamacare’s individual mandate unconstitutional and remand the
case to the district court does not require review by the Supreme Court
at this time. The brief also argues the U.S. House of Representatives,
which petitioned the Supreme Court to review the decision, lacks
standing to request such a review.

“The
Fifth Circuit’s opinion declaring the individual mandate
unconstitutional is a straightforward application of existing U.S.
Supreme Court precedent. The Fifth Circuit has ordered this case to
return to district court to determine which, if any, provisions of
Obamacare are still valid notwithstanding the unconstitutional mandate.
That is where this case belongs at this time,” said Attorney General
Paxton. “I applaud the Fifth Circuit for upholding the core principle
that the federal government cannot order private citizens to purchase
subpar insurance that they don’t want. I look forward to demonstrating
exactly how this law has failed in district court.”

When
the U.S. Supreme Court upheld Obamacare in 2012, a majority of the
justices agreed that Obamacare’s individual mandate was constitutional
only because its accompanying tax penalty could justify forcing
individuals to purchase health insurance under Congress’ taxing power.
The Tax Cuts and Jobs Act of 2017 removed the penalty, meaning
Obamacare’s intrusive individual mandate cannot be preserved as a tax,
and rendering it unlawful.

To view a copy of today’s brief, click here.