U.S. Justice Department says Obamacare individual mandate unconstitutional

Share

The Trump administration told a federal court Thursday it won't defend Obamacare against a lawsuit that's trying to strike down most of the law. The first, known as guaranteed issue, requires insurers to offer coverage to everyone regardless of their health background.

They further cast the administration's brief, which was filed in federal court Thursday, as an "attack" on both the rule of law and the stability of the United States' health care system. In the new suit, California is leading a group of Democratically led states in defending the law.

The states argue that because Congress recently repealed a provision that people without health insurance must pay a fine, the requirement to have health insurance is unconstitutional because it is no longer considered a tax.

The chances for that argument succeeding are viewed with deep skepticism by legal experts, in part because Congress itself indicated that the rest of ObamaCare could still stand without the mandate when it moved to repeal the tax penalty a year ago. In the meantime, the existing law will likely remain.

The filing declares unconstitutional the so-called individual mandate-which requires nearly all Americans to purchase health insurance or pay a "tax" if they don't-and calls for several elements of ACA to be invalidated.

Congressional Republicans, who unsuccessfully sought to undo President Barack Obama's signature health care law throughout 2017, added language to the GOP tax bill that ended the controversial tax penalty for those who fail to obtain health care coverage.

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 a year ago - essentially, repeal key parts of the Obama health law.

"Justice Department attorneys don't withdraw from cases simply because the government is making an argument the lawyers think the courts should or would reject", he said.

Jost said it's telling that three career Justice Department lawyers refused to support the administration's position.

While Justice Department attorneys often advocate for laws they may personally disagree with, those three civil servants instead made a decision to exit from the case, which Bagley described as "almost unheard of".

The mandate introduced with Obamacare, the popular name for the Affordable Care Act (ACA), was meant to ensure a viable health insurance market by forcing younger and healthier Americans to buy coverage.

Share

Advertisement

Related Posts

PM's statement prior to his departure to Qingdao in China
Taking to Twitter, Modi said, "On 9th and 10th June, I will be in Qingdao, China to take part in the annual SCO Summit". The two leaders are scheduled to hold bilateral talks on the sidelines of the summit.

What to do if you suspect someone is suicidal
That's also a resource for anyone anxious about a loved one. "Suicide is a public health problem that can be prevented", said Dr. CDC officials, however, said the national increase in suicide rates can not be linked to a particular mental-health diagnosis.

Dub Dynasty: Hot-Shooting Curry Leads Warriors To NBA Title
But the weight of having to shoulder so much of the load throughout the Playoffs seemed to catch up with James in Friday's finale. They probably would have lost even if LeBron's hand was healthy but it certainly didn't make things easier.

Yahoo Messenger Gets A July 17 Execution Date
Many were surprised to learn that Yahoo Messenger is still in operation after all these years. It launched in 1998 as Yahoo Pager and it was a popular messaging service at the time.

Woman gored in bison attack in Yellowstone National Park
An elk also kicked a different woman's head Sunday, but the park service said it was unknown if the same elk were responsible. The incident comes on the heels of two elk attacks earlier this month, Yellowstone officials previously said.

Yankees Win Battle With ESPN, Won’t Play Sunday Night Before Doubleheader
The issue stems the Yankees being scheduled to take on the Toronto Blue Jays on Sunday Night Baseball on July 8th. The Dodgers-Angels game in Anaheim will replace Yankees-Blue Jays as the Sunday night game on ESPN.

Juno probe helps scientists solve Jupiter's lightning mystery
Researchers detected more than 1,600 instances of lightning on Jupiter gathered via a phenomenon called "whistlers". This varying radio frequency suggests that the lightning from the two planets are wildly different.

Gay Maryland Candidate Kisses Spouse In Ad Aimed At Trump
Journalist based in Charlotte, North Carolina, whose work has appeared in The Charlotte Observer, Creative Loafing, and more. According to the LGBTQ Victory Fund , his same-sex on-air kiss was the first in a political TV campaign ad.

Twitter Reacts as Nadal Beats del Potro to Reach French Open Final
This was del Potro's first semifinal appearance at a Grand Slam since making a comeback after his injury three years ago. Having squandered one set point, he went in for a simple backhand volley victor only to dump it into the net.

Jude takes its final turn as U.S. Open tune-up
Does he have what it takes to make a run at TPC Southwind this week? Crucially, he has improved all round in his ball striking. Accuracy is key this week; it's imperative to avoid all that water if you're to have a chance on the back nine come Sunday.

© 2015 ExpressNewsline. All Rights reserved.