When conservatives decry judicial activism, the target is inevitably a liberal judge whose rulings reach beyond interpreting law to making law. But misguided activist judges arent limited to the political left as last weeks federal court ruling against the Affordable Care Act shows.
Ruling on a lawsuit brought by Texas Attorney General Ken Paxton and his counterparts in 19 other states, U.S. District Judge Reed OConnor in Fort Worth concluded that the entire Affordable Care Act is unconstitutional because Congress removed a key provision in the health care law.
This editorial board has had serious problems with the Affordable Care Act from its inception. Weve worried that while well-intentioned, it would be unaffordable. And we worried about its constitutionality before Supreme Court Chief Justice John Roberts bailed out the law in 2012, defining a key provision in the individual mandate as a tax. The tax really an unconstitutional penalty disappeared when Congress passed the 2017 tax cut bill, opening the door for OConnors ruling.