Trump administration says the entirety of Affordable Care Act should be invalidated. But the decision for the Department of Justice to support the full repeal of ACA, better known as Obamacare, makes a significant departure from Jeff Sessions's tenure as Attorney General. Judge O'Connor's ruling came in December but the DOJ is just now solidifying the decision.
And late on Monday, Justice Department attorneys filed a letter with the U.S. Court of Appeals for the Fifth Circuit in New Orleans, agreeing with the ruling of a federal judge in Texas who determined late previous year that because the Trump tax cuts eliminated the Affordable Care Act penalty for not having health insurance, the ACA is no longer constitutional.
It divulged its position in a legal filing Monday with the U.S. Court of Appeals for the Fifth Circuit, where an appeal is pending in a case challenging the measure's constitutionality.
Previously, the Trump administration had not gone as far, arguing in a brief last June that the penalty for not buying insurance could be distinguished from other provisions of the law, which could still stand. "T$3 he United States is not urging that any portion of the district court's judgment be reversed".
"A ruling striking down the entire ACA would upend major parts of the health care system", Axios reports, in reference to the motion.
House Speaker Nancy Pelosi, D-Calif, pledged in a tweet Monday night that Democrats would "fight relentlessly" to preserve "affordable, dependable health care".
Timothy Jost, an emeritus professor at the Washington and Lee University law school, called the Justice Department's new position "crazy" and "legally untenable".