Judge clears the way for appeal of ruling against health law

WASHINGTON — A federal judge in Texas who recently declared the Affordable Care Act unconstitutional has stayed his ruling to allow for appeals.

That means “Obamacare” remains in effect while litigation continues.

In a ruling issued Sunday, Judge Reed O’Connor in Fort Worth wrote that he stands by his earlier conclusion that the entire law is invalidated by congressional repeal of its fines on people who remain uninsured, like a house of cards collapsing.

However, because “many everyday Americans would … face great uncertainty” if that ruling were immediately put into effect, O’Connor issued a stay to allow for appeals.

A group of Republican-led states brought the lawsuit. A coalition of Democratic state attorneys general, led by California’s Xavier Becerra, intends to appeal. Congressional Democrats also plan to appeal.

O’Connor’s decision two weeks ago caused confusion as consumers were rushing to meet the enrollment deadline for Obamacare.

The judge, who sits on the federal bench in the Northern District of Texas, is a Houston native who was appointed by President George W. Bush in 2007.

His 55-page decision sided with Texas Attorney General Ken Paxton, who led a coalition of states that sued in February to challenge the viability of the ACA. O’Connor concluded that when Congress “sawed off the last leg” of the health care law by removing the tax penalty, it made the “individual mandate unconstitutional.”