TEXAS, USA — On Thursday Texas Attorney General Ken Paxton filed a brief with the United States Supreme Court asking to declare Obamacare unlawful in its entirety.
In 2012, the U.S. Supreme Court upheld the decision to mandate Obamacare, because of the tax penalty that was included, but in 2017 Congress eliminated the tax penalty.
Last year, the United States Court of Appeals declared the individual mandate unconstitutional but left the remainder of the Act undecided.
The Texas Attorney General filing asks that the U.S. Supreme Court affirm the statutory text as supreme and proclaim the individual mandate "essential."
With this proclamation, the remainder of the law can not stand with the mandate.
Paxton states in his filing how Obamacare failed and how it is unlawful.
“Congress declared in the text of the law that the individual mandate is the centerpiece of Obamacare. Without the unlawful mandate, the rest of the law cannot stand. Obamacare has failed, and the sooner it is invalidated, the sooner each state can decide what type of health care system will best provide for those with preexisting conditions, which is the way the Founders intended.”