TRUMP will do whatever he can and have his minions do whatever they can to destroy all the positives achieved by Obamacare/ACA

…TRUMP will do whatever he can and have his minions do whatever they can to destroy all the positives achieved by Obamacare/ACA…

Trump administration won’t defend ACA in case brought by GOP states

7 at 8:53 Pm

The Trump administration said Thursday night that it will not defend the Affordable Care Act against the latest legal challenge to its constitutionality — a dramatic break from the executive branch’s tradition of arguing to uphold existing statutes and a land mine for health insurance changes the ACA brought about.

In a brief filed in a Texas federal court and an accompanying letter to the House and Senate leaders of both parties, the Justice Department agrees in large part with the 20 Republican-led states that brought the suit. They contend that the ACA provision requiring most Americans to carry health insurance soon will no longer be constitutional and that, as a result, consumer insurance protections under the law will not be valid, either.

The three-page letter from Attorney General Jeff Sessions begins by saying that Justice adopted its position “with the approval of the President of the United States.” The letter acknowledges that the decision not to defend an existing law deviates from history but contends that it is not unprecedented.

The bold swipe at the ACA, a Republican whipping post since its 2010 passage, does not immediately affect any of its provisions. But it puts the law on far more wobbly legal footing in the case, which is being heard by a GOP-appointed judge who has in other recent cases ruled against more minor aspects.

The administration does not go as far as the Texas attorney general and his counterparts. In their suit, lodged in February in the U.S. District Court for the Northern District of Texas, they argue that the entire law is now invalid.

By contrast, the Justice brief and letter say many other aspects of the law can survive because they can be considered legally distinct from the insurance mandate and such consumer protections as a ban on charging more or refusing coverage to people with preexisting medical conditions.


The Trump administration is urging a federal court to dismantle two of the most popular provisions of Obamacare, but to hold off taking those steps until after the midterm elections this fall.

Responding to a lawsuit from conservative states seeking to repeal the Affordable Care Act, the Justice Department told a judge in Texas on Thursday that Congress’ decision to repeal the penalty for failing to buy health insurance renders unconstitutional other Obamacare language guaranteeing offers of insurance to people with pre-existing conditions and limiting insurers’ ability to use age or health status to set rates.

Administration lawyers encouraged a judge to rule the two Obamacare linchpins illegal, effective next January, when the mandate penalty is set to be repealed.

The Justice Department’s stance will leave to about 16 liberal states the task of seeking to defend the two key components of the law: guaranteed issue and community rating.

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