Trump administration will no longer defend the Affordable Care Act in court

Trump administration will no longer defend the Affordable Care Act in court

In a court filing late Thursday, the Trump administration is specifically urging the Texas federal court to strike down two provisions from the ACA: one that requires insurers to cover people with pre-existing conditions, and the other that prevents insurers from charging individuals a higher premium due to their pre-existing condition.

But Justice Department lawyers do argue that with no penalty for not having coverage, the federal government can not make health insurers cover sick consumers or prohibit insurers from charging sick consumers higher premiums, as was routinely done before the health care law was implemented.

Just prior to the Trump administration's announcement that it would no longer defend key provisions of the Affordable Care Act in an ongoing case brought by Texas and other states, several career Justice Department attorneys withdrew from the case.

Until the Trump Administration (which is the target of the lawsuit) filed its views on Thursday, the case had been building without either side knowing what the government position would be.

Defenders of Obamacare view this move by the Republicans as just the latest in a plot to undermine the monumental legislation however they can since they lack the necessary votes in Congress to repeal it officially. "I think what they're doing is wrong, I think their attempts to overturn the Affordable Care Act have been wrong, but look, they're the majority, they set the schedule". On his first night in office, Trump issued an executive order, directing federal agencies to lighten the regulatory burden placed by the law.

Two months later, Texas and the 19 other states filed suit in U.S. District Court in Fort Worth, asserting that the mandate could no longer be justified as a tax and should therefore be struck down - and arguing that as a result, the rest of the law must be invalidated, too. California Attorney General Xavier Becerra, joined by 16 other attorneys general, said in April he would "vigorously" defend the ACA.

Timothy Jost, law professor emeritus at Washington and Lee University in Virginia said the Trump administration is trying to persuade the court to do what it was unable to achieve in Congress previous year - essentially, repeal key parts of the Obama health law.

As the Cuomo administration frequently points out, the state's uninsured rate has fallen to below 5%, according to the Centers for Disease Control and Prevention, and insurance can be purchased for less than half its price in 2013 before the ACA was implemented.

The Justice Department is tasked with defending federal statutes.

"It's, simply put, an attack on the health care that millions of Americans have come to count on, and California, being the most successful state in implementing the Affordable Care Act, stands to lose perhaps more than anyone else".

More news: Tony Awards 2018: How to Watch, Who’s Presenting and More!

But the major insurance industry trade group said Friday that removing consumer protections for people with health problems and for older adults will harm consumers and create more turmoil in markets that have already seen steep premium increases. In May, the court allowed them to "intervene" in the case.

An NBC/Wall Street Journal poll released on Thursday - before the Trump administration decision was unveiled - found health care was the top issue for all voters and that it's an issue where Democrats have an overwhelming advantage.

But Sessions also said that he agrees with the Department of Justice's opinion at the time of the 2012 case, that if the mandate is unconstitutional, it is separate from the ACA's other provisions, except those guaranteeing issuance of coverage in the individual and group market.

The administration does not go as far as the Texas attorney general and his counterparts.

In court papers, the Justice Department said it doesn't want to stop the law in its tracks, but said they agreed with the plaintiffs who say the most famous parts of the law are now illegal. "With no remaining legitimate basis for the law, it is time that Americans are finally free from the stranglehold of Obamacare, once and for all".

Among them is Andy Kim, a former Obama administration national security aide who is running to unseat New Jersey Republican Representative Tom MacArthur, sponsor of an amendment to the GOP's 2017 Obamacare repeal that allowed states to seek waivers to charge higher premiums to people with preexisting conditions.

A coalition of 20 states led by attorneys from Texas and Wisconsin sued the government in February for the repeal of the Obamacare provisions. They routinely defend policies they dislike and make arguments they personally disagree with.

The new challenge comes six years after the Supreme Court's divided ruling that the ACA is constitutional. The lawsuit will be heard by U.S. District Judge Reed O'Connor of the Northern District of Texas.

"The Justice Department has a long-standing, durable, bipartisan commitment to defend acts of Congress".

Related Articles

  • Cavaliers' Kevin Love expects to be mentioned in trade rumors

    Cavaliers' Kevin Love expects to be mentioned in trade rumors

    His next destination is undetermined, but all indications are that his second stint for his local team has run its course. Now Durant says he needs to hammer out only the final details on a rich deal to remain with the Warriors.
    Harry and Meghan to head Down Under later this year: palace

    Harry and Meghan to head Down Under later this year: palace

    As a newly-appointed royal with the world watching her every move, you certainly can't blame Meghan for feeling nervous. The Duke and Duchess of Sussex will visit Australia , Fiji , the Kingdom of Tonga and New Zealand later this year.
    USA  issues new China health alert over mystery illness

    USA issues new China health alert over mystery illness

    A security person walks outside the USA consulate building in Guangzhou in south China's Guangdong province, Thursday, June 7. The AP reported that out of the approximately 170 American staffers in the consulate, 150 have undergone the examinations.
  • Vettel takes 50th win and F1 championship lead in Canada

    Vettel takes 50th win and F1 championship lead in Canada

    From the number of red flags with the prancing pony logo, the Italian squad remains the clear favourite in the grandstands. I said yesterday how much this place means to Ferrari and to have a race like we had today is unbelievable", said Vettel.

    'Kingdom Hearts 3' Release Date Confirmed: January 2019

    Films like Toy Story , Monsters Inc . and Tangled are also going to be making their first appearances in Kingdom Hearts III . And at the Microsoft E3 2018 press conference, we finally got a chance to see a brand new trailer for the game.
    Kathleen Wynne ready to 'pass the torch,' quits as Ontario Liberal leader

    Kathleen Wynne ready to 'pass the torch,' quits as Ontario Liberal leader

    However, it was with her admission of defeat days before the election that nailed the sweeping loss for the Liberal party. NDP leader Andrea Horwath who finished 2nd with 39 seats, told her supporters she is proud they ran a positive campaign.
  • Israeli troops kill more Palestinians as Gaza protest resumes

    Israeli troops kill more Palestinians as Gaza protest resumes

    The nation-wide rallies held in solidarity with Palestine are being covered by about 5,300 Iranian and foreign journalists. It has accused Gaza's rulers Hamas of manipulating the protests to hide the infiltration of militants planning attacks.
    Bethesda Brings The Elder Scrolls: Legends To Switch

    Bethesda Brings The Elder Scrolls: Legends To Switch

    Bethesda's showcase just ended, where the company revealed new games and DLC, including Fallout 76 and Rage 2 . The developers dived deep into gameplay details and confirmed it to be a survival game in the process.
    The 'trend' that is troubling the US

    The 'trend' that is troubling the US

    Each one of us can learn the words to say when we're anxious about someone, and we can learn how to be there to keep others safe. In 2016, almost 45,000 people lost their lives to suicide, making it one of the leading causes of death on the rise in the U.S.
  • Italy PM agrees with Trump that Russian Federation  should return to G8

    Italy PM agrees with Trump that Russian Federation should return to G8

    The US had imposed hefty tariffs on steel and aluminium imports from key allies the Europe Union, Canada and Mexico last week. Former FBI Director James Comey also weighed in, tweeting Saturday night on the US-Canadian relationship.
    Business as usual in North Korea as public unaware of summit

    Business as usual in North Korea as public unaware of summit

    She said the USA delegation would be led by Sung Kim , a veteran diplomat who recently held talks with North Korean officials. Trump traveled to Singapore from Canada, where he met with other world leaders whose countries make up the Group of Seven.
    Lyon put an end to Nabil Fekir’s proposed transfer to Liverpool

    Lyon put an end to Nabil Fekir’s proposed transfer to Liverpool

    Now we must wait and see if Liverpool and Klopp go back in for a player they have coveted so much. Fekir was originally due to be confirmed as Liverpool's latest signing on Friday.