Via Fox News:

A federal appeals court upheld a lower court’s ruling that a key aspect of the ObamaCare law is unconstitutional — setting up another likely Supreme Court showdown in a presidential election year.

The 5th Circuit U.S. Court of Appeals by a 2-1 vote concluded the original law’s key funding mechanism known as the individual mandate — requiring most Americans to purchase health insurance or face a tax penalty — was properly eliminated by Congress and therefore the entire law could not be enforced.

The appeals panel sent the issue back to the lower court to decide whether other aspects of the Affordable Care Act must fall.

The three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans agreed with Texas-based U.S. District Judge Reed O’Connor’s finding that the insurance requirement was rendered unconstitutional when, in 2017, Congress eliminated a tax penalty on people without insurance.

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