Why a Judge Ruled Obamacare Unconstitutional, and What Policymakers Should Do Next


By Marie Fishpaw and John Malcolm

The Heritage Foundation, December 17, 2018

U.S. District Judge Reed O’Connor, a George W. Bush appointee, granted a motion for summary judgement in favor of 20 states led by Texas that had filed a lawsuit seeking to strike down the Affordable Care Act last Friday. Now that O’Connor has ruled, the losing side is sure to appeal to the 5th Circuit, and ultimately the Supreme Court. But the legal fight aside, we need a better health care solution than Obamacare. Conservatives have a proposal to achieve this: the Health Care Choices Proposal, which undoes Obamacare’s damage by letting states innovate. Read more…