Barack Obama is sweating bullets.
The former President’s legacy is once again on the line.
That’s because this major court case has Barack Obama staring at defeat that will ruin his life forever.
A federal district court judge in Texas shocked legal observers when he ruled in favor of a coalition of Republican State Attorneys General in their bid to finally overturn Obamacare.
District Court Judge Reed O’Connor agreed with the Attorneys General that when Congress eliminated the penalty for not having health insurance, it invalidated the entire law since coverage mandates and regulations were so closely tied to being required to purchase health insurance.
Blue State Attorneys General and House Democrats quickly appealed to the Fifth Circuit Court of Appeals – known to be the most conservative in the country.
A three-judge panel consisting of George W. Bush appointee Judge Jennifer Elrod, Trump appointee Judge Kurt Engelhardt, and Jimmy Carter appointee Judge Carolyn Dineen King will hear the case.
Some liberals were distressed by this news.
Ian Millhiser – a columnist for the far-left ThinkProgress website – whined that the selection of this panel of judges meant the law’s certain doom.
“The Texas lawsuit seeking to kill Obamacare will be heard by a Trump judge and a nightmare Bush judge (panel is King, Elrod, and Engelhardt). So Obamacare is likely struck down by the Fifth Circuit and will have to be rescued by Roberts,” Millhiser tweeted.
That’s because the judges also issued an order for arguments on standing should the Republican State Attorneys General prevail in the Fifth Circuit.
The Trump administration is siding with the Republican State Attorneys General.
If the administration wins, the Democrats would not have standing to appeal since the administration is tasked with enforcing the law and their stated position is that the law is unconstitutional.
University of Michigan law professor Nicholas Bagley told the Washington Post this represents a disaster for pro-Obamacare Democrats.
“More to the point, the House and the blue states would immediately seek a stay pending appeal while they pursued their standing arguments in front of the Supreme Court. But arguing about whether they have standing is not the footing on which they want to go to the Court,” said Bagley.
“More generally, this order suggests that the Fifth Circuit panel may be hostile to the ACA and inclined to support the red states. The odds that the Fifth Circuit does something nasty to the health-reform law have gone up.”
One way or the other, the Fifth Circuit is shaping up to be the end of the road for legal challenges to Obamacare.
If the Republican State Attorneys General and the Trump administration lose, the likelihood is that the Supreme Court will refuse to hear an appeal considering they have already twice upheld the law thanks to Chief Justice John Roberts acts of treachery.
And if the Fifth Circuit rules that the opposition has no standing to appeal, the case is dead.
Great American Daily will continue to keep you up to date on any new developments in this ongoing story.