Federal court rules Obamacare mandate unconstitutional but sends case back to lower courts

Published December 18, 2019 10:09pm ET



The 5th U.S. Circuit Court of Appeals returned a closely watched case on Obamacare back to the lower courts, declaring the health insurance mandate unconstitutional while saying the rest of the law needed further analysis.

The 2-1 panel decision means that Obamacare’s future is unlikely to be resolved before the 2020 elections. Had the judges not returned the case to the lower courts, it likely would have been appealed to the Supreme Court and faced a decision on its survival just ahead of Election Day.

Already a print subscriber? Click here to login/register your account

Trusted reporting.Unlimited access.

Subscribe for full access to Washington Examiner coverage, expert political analysis, and subscriber-only journalism.

Get Unlimited Access

Already a member? Log in

Cancel anytime.