Fifth Circuit Declares Obamacare Mandate Unconstitutional

Staff Report

Texas Attorney General, Ken Paxton is the lawyer for the State of Texas and is charged by the Texas Constitution to:

  • defend the laws and the Constitution of the State of Texas
  • represent the State in litigation
  • approve public bond issues

To fulfill these responsibilities, the Office of the Attorney General serves as legal counsel to all boards and agencies of state government, issues legal opinions when requested by the Governor, heads of state agencies and other officials and agencies as provided by Texas statutes.

The Texas AG sits as an ex-officio member of state committees and commissions, and defends challenges to state laws and suits against both state agencies and individual employees of the State.

Many Texans look to the Office of the Attorney General for guidance with disputes and legal issues. The agency receives hundreds of letters, phone calls and visits each week about crime victims’ compensation, child support, abuse in nursing homes, possible consumer fraud and other topics. To find out more about the Texas Attorney General, visit the official website at https://texasattorneygeneral.gov/.

Fifth Circuit Declares Obamacare Mandate Unconstitutional; Remands to District Court to Determine If Any Portions of the Law Can Remain

AUSTIN – The United States Fifth Circuit Court of Appeals yesterday declared Obamacare’s individual mandate is unconstitutional and remanded the case back to the district court to determine whether any part of Obamacare can remain in light of the mandate’s unconstitutionality.

The Fifth Circuit’s holding is clear: the federal government cannot order private citizens to purchase subpar insurance products that they don’t want. The individual mandate is the centerpiece of Obamacare, and I am glad the Fifth Circuit recognized that it is unlawful. I look forward to demonstrating in district court that the rest of the law cannot stand without this central provision,” said Attorney General Ken Paxton. “Yesterday’s decision is a win for the rule of law. Finally being rid of this law will be a victory for all Americans.

Obamacare consistently and unlawfully imposes rising costs on citizens and transfers an enormous amount of regulatory power to the federal government. In Texas and 38 other states where the federal government administers health exchanges, health insurance premiums rose an average of 105 percent from 2013 to 2017.

Last year, around 82 percent of U.S. counties had only one or two health insurers selling coverage on the Obamacare exchanges.

When the U.S. Supreme Court upheld Obamacare in 2012, a majority of the justices agreed that Obamacare’s individual mandate was constitutional only because its accompanying tax penalty could justify forcing individuals to purchase health insurance under Congress’ taxing power.

Devoid of that penalty, Obamacare’s intrusive individual mandate cannot be preserved as a tax, rendering Obamacare entirely unlawful. 

AG Paxton: Statement on UK’s Assessment of Google in Competition and Markets Authority Report

AUSTIN – Today, the United Kingdom’s Competition and Markets Authority (CMA) released their Online Platforms and Digital Advertising Market Study Interim Report, which assesses the market power of Google and other online platforms. Attorney General Ken Paxton gave this statement:

The CMA—like many other competition authorities around the world, including the Texas-led multi-state bipartisan coalition of 51 attorneys general—is examining the dominance and conduct of tech giant Google in online markets, and I applaud those efforts.

The CMA’s interim report reflects a growing concern over Google’s business practices, and we intend to closely follow the facts we discover in our own investigation and proceed as necessary if Google has harmed competition, undermined consumer choice, stifled innovation, or violated users’ privacy and trust.

In September, Attorney General Paxton and 49 other attorneys general launched a bipartisan investigation of tech giant Google’s business practices in accordance with state and federal antitrust laws. The coalition announced plans to investigate Google’s overarching control of online advertising markets and search traffic that may have led to anticompetitive behavior that harms consumers. This investigation is ongoing.

To view a copy of the report, click here.

AG Paxton: Texas Courts Must Respect Parental Rights

AUSTIN –Attorney General Ken Paxton filed an amicus brief in the Texas Supreme Court supporting parental custody rights and arguing against unnecessary government interference in the relationship between parents and children.

In the case, following the tragic death of a mother, a custody battle arose between the child’s father and her mother’s live-in boyfriend. The trial court issued temporary custody orders making the father sole managing conservator for his daughter, but also giving the deceased mother’s boyfriend possessory rights with an extensive visitation schedule. The child has lived with her father since her mother’s death.

“The State has no clear reason to force itself into a family when a fit parent is fulfilling his obligation to care for his child. This is an overreach that infringes on the fundamental right of parents to raise their children. Parents’ rights to act in the best interest of their child must be honored,” said Attorney General Paxton. “Although there may be rare circumstances where a non-parent should take on parental rights and custody of a child, those circumstances do not exist in this case.”

The trial court’s ruling not only fails to recognize the father as a fit parent with the right to make decisions for the child, but hinders the father’s ability to act in the child’s best interest by allowing a non-parent custody rights over the father’s objections.

To read a copy of the amicus brief, click here.  

Bexar County Court Blocks San Antonio’s Unlawful Paid Sick Leave Ordinance

AUSTIN –Attorney General Ken Paxton applauded a Bexar County district court for halting enforcement of the city of San Antonio’s unlawful paid sick leave ordinance.

The court found that San Antonio’s sick leave ordinance likely conflicts with both the Texas Minimum Wage Act and the Texas Constitution, which prohibit municipalities from enacting any ordinances that govern wages. Accordingly, the court blocked the ordinance from taking effect.

“Our state is home to millions of hardworking people and we welcome job creators with open arms. We have one of the strongest economies in the United States, and it is our job to maintain that prosperity,” said Attorney General Paxton. “Texans deserve the opportunity to work throughout our state. That is precisely why the Texas Constitution prohibits cities from ignoring the will of voters, and why I continue to fight to ensure the voters have the last say.”

San Antonio previously admitted in court that its sick leave ordinance was strikingly similar to the ordinance struck down in Austin in November 2018 on the basis that the ordinance violated the Texas Constitution and Texas law. Attorney General Paxton intervened in both the Austin and San Antonio lawsuits.

Twelve business organization are suing the city of San Antonio to stop its paid sick leave rule from taking effect: Associated Builders & Contractors of South Texas Inc.; American Staffing Association; BBM-Online LLC; Burnett Companies Consolidated Inc.; Cardinal Senior Care LLC; Choice Staffing LLC; Employers Solutions Inc.; Hawkins Associates Inc.; LeadingEdge Personnel Ltd; Staff Force Inc.; San Antonio Manufacturers Association; and the San Antonio Restaurant Association.

Texas intervened in the lawsuit on the plaintiffs’ side to oppose the ordinance and protect the uniform enforcement of employment laws throughout the State.

Request for Opinion

Original Request RQ-0323-KP
Application of article III, section 53 of the Texas Constitution to invoices submitted to a county under an amended service contract for services performed prior to the amendment.

Received
Monday, December 16, 2019

Official Requestor
The Honorable Roberto Serna
District Attorney
293rd Judicial District
458 Madison Street
Eagle Pass, Texas 78852

Request for Opinion

Original Request RQ-0322-KP
Authority of the Texas Facilities Commission and the State Preservation Board in relation to a Bill of Rights monument authorized by House Concurrent Resolution 111, adopted by the Eightieth Legislature.

Received
Friday, December 13, 2019

Official Requetor
Mr. Mike Novak
Executive Director
Texas Facilities Commission
Post Office Box 13047
Austin, Texas 78711-3047

Request for Opinion

Original Request RQ-0321-KP
Whether a hearing on an application for court-ordered mental health services conducted pursuant to section 574.031 of the Health and Safety Code must be recorded by an official court reporter.

Received
Friday, December 13, 2019

Official Requestor
The Honorable Heather Stebbins
Kerr County Attorney
700 Main Street Suite BA-103
Kerrville, Texas 78028

Request for Opinion

Original Request RQ-0320-KP
Whether over-the-road buses traveling on interstate highways in Texas are subject to the tandem axle weight limitations established in Transportation Code section 621.101(a)(2)

Received
Friday, December 13, 2019

Official Requestor
Mr. Steven C. McCraw
Director
Texas Department of Public Safety
Post Office Box 4087
Austin, Texas 78773-0001

Request for Opinion

Original Request RQ-0319-KP
Whether a county may call a bond election to fund the construction, repair, improvement, and maintenance of city roads.

Received
Wednesday, December 11, 2019

Official Requestor
The Honorable Lilli A. Hensley
Sterling County Attorney
Post Office Box 88
Sterling City, Texas 76951

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