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aka the affordable Care Act also known as obamacare is back before a federal court Tuesday facing the biggest legal challenge to the health care overhaul since the supreme court's decision in twenty twelve the ACA which expand healthcare coverage to millions of Americans included a controversy ill and some say essential element called the individual mandate which required individuals purchase health insurance but then in twenty seventeen this happened we essentially repealed obamacare because we got rid of the individual mandate which was terrible as part of a massive tax overhaul Republicans in Congress eliminated the penalties created under obamacare for those who did not buy health insurance is going to sign this bill Republican state attorneys general filed a new lawsuit saying that without the penalties there was no more individual mandate and without that mandate obamacare had to go Reuters correspondent Nate raiment a federal judge then in December of twenty eighteen %HESITATION judge Reid o'connor in fort worth he agreed and he not only agree that the individual mandate was unconstitutional but he said that it was an essential part of obamacare and couldn't be severed from the line so the entire law had the destructor that decision was appealed by democratic lawmakers it's now before the fifth circuit court of appeals in New Orleans ahead of the arguments over obamacare on Tuesday the trump administration took a hard line putting out a legal brief agreeing with the Texas judge at the whole law should be invalidated but they might be careful what they wish for I think there are some signs of the trump administration is aware that you know if if they actually got what they're truly advocating for in this brief there would be some pretty wild repercussions throughout the healthcare system Republicans have repeatedly failed to muster enough of their party to kill the law in Congress or agree on a replacement meanwhile aspects of obamacare such as protections for pre existing conditions and an expansion of the Medicaid program have proved increasingly popular thank you all , take your pre existing conditions just remember the fifth circuit decision might come in the fall anyway the court rules will likely go before the Supreme Court if the nine justices are again asked to weigh maintaining obamacare they could deliver their decision in the summer of twenty twenty in the heat of the presidential race