The federal judge who declared the US health law unconstitutional this month, better known as "Obamacare," said today that legislation can prevail while his sentence is being appealed.
Texas magistrate Reed O'Connor wrote in a suspension order that his ruling should not go into effect while the case is under appeal, since "many Americans would face great uncertainty," local media reported.
Seventeen states that defend "Obamacare," with California Attorney General Xavier Becerra in the lead, asked Judge O'Connor to suspend his decision so that they could file an appeal with the US Court of Appeals for the Fifth Circuit. .
Becerra himself promised today through twitter to continue fighting to preserve "Obamacare", the most precious legacy of the Presidency of Barack Obama (2009-2017).
"A federal court in Texas has granted what we asked for in a motion on December 17, (…) we are working to keep affordable and accessible health care for millions of Americans, so we move forward!" Said Becerra .
The decision of Judge O'Connor in mid-December came after Congress modified the law a few months ago in the framework of the tax reform promoted by US President Donald Trump.
The O'Connor ruling responded to a lawsuit filed by a score of Republican states after the approval of the tax reform, which eliminated the fines to the obligation to have health insurance, known as "individual mandate."
Trump had promised in campaign to dismantle "Obamacare" with the motto "repeal and replace", but his attempts failed in Congress after a dramatic vote in which the late Republican Senator John McCain supported Obama's law.
At the time, O'Connor's ruling left the medical coverage of some 20 million Americans in limbo.
The judicial battle over this law will foreseeably end in the Supreme Court.
The High Court already ruled twice in favor of "Obamacare" in 2012 by 5 votes to 4 and in 2015 by 6 to 3.
On both occasions, Conservative Judge John Roberts voted with the four Democrats to settle the balance of the court.
In the case of 2015 also voted in favor of "Obamacare" Anthony Kennedy, which this year was replaced by the controversial Brett Kavanaugh.