DOJ Argues Parts Of Obamacare Are Unconstitutional After Mandate Repeal

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These consumer protections proved enormously popular with Americans and are among the reasons why efforts to repeal Obamacare in Congress failed a year ago.

"If the Justice Department can just throw in the towel whenever a law is challenged in court, it can effectively pick and choose which laws should remain on the books", wrote Bagley. He said the department only refused to defend the pre-existing conditions provision as well as one forbidding insurers from charging people in the same community different rates based on gender, age, health status or other factors.

But some GOP lawmakers and political operatives sounded warnings on Friday about the impact of the Justice Department's decision to side with Texas and other states in a lawsuit alleging that because Congress nullified the Affordable Care Act's individual mandate penalty, the rest of the law is invalid.

"Texans have known all along that Obamacare is unlawful and a divided Supreme Court's approval rested exclusively on the flimsy support of Congress' authority to tax", said Paxton when the suit was filed. "This was often the case before the law took effect and would likely be the same should these essential protections be eliminated". The motion to intervene was granted last month.

That includes the requirement that people have health insurance and sections that guarantee access to coverage regardless of any medical conditions, the Associated Press reported. Even President Donald Trump called it one of the law's "strongest assets" during an interview with "60 Minutes" shortly after he won the election.

Repealing Obamacare has been a rallying cry for Republican candidates for the past eight years.

"Tonight, the Trump Administration took its cynical sabotage campaign of Americans' health care to a stunning new low", Pelosi said in a statement. Indeed, sign-up season for 2018 under the Trump administration resulted in only a slight enrollment drop-off from Obama's past year.

But that was not the talking point of the party's re-election arm.

"President Trump promised the American people health care that is "far less expensive and far better".

Attempts to repeal it in Congress have failed, but opponents of the law have also filed scores of lawsuits challenging various provisions.

In many ways, the lawsuit, filed in February, is a replay of the politically divided litigation that ended with the United States supreme court upholding the healthcare overhaul in 2012. Cortez ScottBishop from royal wedding marches to White House Bishop from royal wedding to march against "America First" policies in DC Supreme Court upholds agreements that prevent employee class-action suits MORE (Va.), Frank Pallone Jr. But past year the Republican-controlled Congress eliminated those penalties as part of the $1.5 trillion tax overhaul that Trump signed in December.

The Trump administration argues that because the new tax law eliminates the penalty for not buying insurance, the Supreme Court's previous ruling permitting the mandate as a tax no longer applies.

If the administration prevails in the case, the full force of the decision would not hit until after the midterm elections on November 6. A central rule of ACA health plans is that they must welcome all customers, healthy and sick, and not charge higher premiums to those with preexisting conditions.

The main trade association for health insurers came out strongly against the administration's position. 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 are not valid either.

The U.S. Department of Justice announced Thursday it won't defend the Affordable Care Act against a legal challenge of its constitutionality.

Becerra is leading an effort by Democratic attorney generals from others states and the District of Columbia to defend the ACA against that lawsuit. So, they have called on the trial court to strike down every part of the ACA, a massive law of more than 900 pages that Congress passed in 2010. "This is a sad moment". A Justice Department spokeswoman said the lawyers' withdrawal had been a department decision, declining to specify whether the lawyers had personally objected to continuing on the case. But the Department of Health and Human Services could, in theory, create exceptions to those rules or rewrite them in way that could upend coverage for some consumers midyear, Levitt said. "I don't even understand what the legal argument would be", said Rep. Leonard Lance, R-N.J., one of the most endangered Republican incumbents in the midterms. "Such withdrawals are exceedingly rare - typically only when the argument is indefensible, as they are here".

On April 26, 2018, the plaintiff states, joined by two individual plaintiffs, asked the court to enter a preliminary injunction invalidating the law. Conservatives at the time accused the Justice Department of politicization. But Texas handpicked the judge in the case, who has demonstrated his aversion to the ACA in other cases. The case would then go to the 5th U.S. Circuit Court of Appeals, where appointees of Republican presidents hold a 10-5 majority over Democratic appointees. That's because insurers already expected the Trump administration would not defend the ACA - and they know that a resolution of the case will be years away, says industry consultant Robert Laszewski.

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