Obamacare Abortion Mandate Ruled Unconstitutional by Federal Appeals Court


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An individual mandate in Obamacare requiring health insurance to fund abortions with taxpayer funds has been declared unconstitutional by a federal appeals court. This portion of the law had previously been opposed by independent and conservative voters because it demanded that they fund abortions whether they wanted to or not. A 5th Circuit Court of Appeals sent the case to lower federal courts after declaring the law unconstitutional, and the Texas v. Azar case was brought by Republican state officials supported by the Trump administration.

In their ruling, the 5th Circuit Court of Appeals stated:

“The individual mandate is unconstitutional because it can no longer be read as a tax, and there is no other constitutional provision that justifies this exercise of congressional power. On the severability question, we remand to the district court to provide additional analysis of the provisions of the ACA as they currently exist.”

In some states, there are no pro-life alternatives to the abortion health care plans present in Obamacare, and in at least 25 states, Obamacare health insurance plans use taxpayer dollars to fund abortions. GAO revealed back in 2014 that taxpayers were funding over one thousand Obamacare health plans that subsidized abortion, including late-term abortions. While half of all states have opted out of covering elective abortion in the Obamacare exchange, other states, such as the District of Columbia, allow for elective abortion coverage in Obamacare plans.

It was reported by LifeNews in 2017 that “57 percent of the Obamacare exchange plans in states that have not opted out of elective abortion coverage will cover elective abortion.This amounts to around 891 plans.”

LifeNews also noted that 14 states enacted health care plans that only covered abortion, failing to include a single pro-life plan. This means that anyone living in these particular states, such as Hawaii and Vermont, would have been forced to accept abortion-covering health care plans. As abortion becomes more and more dire for the unborn and at-risk mothers, declaring this Obamacare mandate unconstitutional is a step in the right direction.

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