Solicitor General Noel Francisco said in a legal brief that once the individual coverage mandate and two other Obamacare provisions are invalidated, "the remainder of the ACA should not be allowed to remain in effect". Because the 2017 tax cuts ended the individual mandate, which carried a penalty for the uninsured, the administration argued that the rest of the law should also be struck down.
Democrats quickly seized on the administration's latest Supreme Court filing as being particularly ill-timed during a pandemic that has already killed more than 125,000 people in the USA and is seeing a resurgence in a number of states in the South and Southwest.
It was the ACA that has prohibited health insurers from denying coverage to Americans with pre-existing health conditions. "The entire ACA thus must fall with the individual mandate, though the scope of relief entered in this case should be limited to provisions shown to injure the plaintiffs".
This new offensive against the Affordable Care Act (ACA), the official name of Obamacare, represents crucial challenges for millions of Americans, but also for the candidates for the presidential election in November. His latest tweet comes as the administration faces criticism for its effort this week to have the Affordable Care Act (ACA) squashed amid the coronavirus pandemic. The high court is expected to rule on the case next term, meaning it could be heard as soon as October.
Trump has criticized healthcare costs and coverage under Obamacare and has been promising since his 2016 campaign to replace it with a different plan.
Repeal of the ACA, which is sometimes called "Obamacare", could cause significant harm to the American people, particularly those who depend on the program to access health insurance through state exchanges.
The Democratic House of Representatives Speaker Nancy Pelosi earlier described the move as "unfathomable cruelty" amid the coronavirus outbreak, which has hit the United States harder than any other country.
That would leave voters in the dark about how their health care, typically ranked as among the most important issues, might change in 2021 and beyond.
"The president will always support coverage for people with pre-existing conditions", said Trump campaign spokesman Tim Murtaugh.
"They would live their lives caught in a vise between Donald Trump's twin legacies: his failure to protect the American people from the coronavirus, and his heartless crusade to take health care protections away from American families", Biden said.
"Now is not the time to rip away our best tool to address very real and very deadly health disparities in our communities", California Attorney General Xavier Becerra, who is leading a coalition defending the law, said in a statement.