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January 13 2019

ObamaCare Appeal on Shutdown Pause

by Erin Hawley

On Friday, the Fifth Circuit granted the Department of Justice’s request that appeal proceedings be temporarily paused.  Department of Justice attorneys are prohibited from working during the shutdown, and argued that, without a halt to the proceedings, they would be forced to miss a deadline.

Last month, Judge O’Connor held that, because Congress has eliminated the tax associated with the individual mandate, Obamacare can no longer be justified under the Taxing Power.  Democratic-led States quickly appealed.

Today’s appellate pause demonstrates the wisdom of Judge O’Connor’s refusal to grant a nationwide injunction coast to coast.  This exercise of remedial restraint is a model for future district courts and means the federal appellate courts (and potentially the Supreme Court) will have an opportunity to address the case in due course.





Independent Women's Forum is an educational 501(c)(3) dedicated to developing and advancing policies that aren’t just well intended, but actually enhance people’s freedom, choices, and opportunities. IWF is the sister organization of the Independent Women’s Voice.​
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