DOJ Argues Parts Of Obamacare Are Unconstitutional After Mandate Repeal

Justice Department says heart of Obama Care unconstitutional

U.S. Rep. Richard Neal, D-Springfield, and other House Democrats condemned the Trump administration Friday after the Justice Department announced it would not defend key provisions of the Affordable Care Act.

On Thursday night, the DOJ declined to defend ObamaCare against a lawsuit filed by Texas and 19 other GOP-led states, arguing that the law is unconstitutional.

"If the Trump administration is successful in arguing against the constitutionality of protecting patients' access to care, it will have immediate and disastrous effect on our health care system and the American people", the lawmakers say. It also says that provisions shielding people with medical conditions from being denied coverage or charged higher premiums and limiting how much insurers can charge older Americans should fall as well.

In many ways, the lawsuit, filed in February, is a replay of the politically divided litigation that ended with the USA supreme court upholding the healthcare overhaul in 2012.

Attorney General Jeff Sessions said in a letter to Congress on Thursday that Trump, who campaigned on repealing the law and almost did so his first year in office, approved the legal strategy.

Donald Verrilli Jr, Barack Obama's top supreme court lawyer who defended the law, called the decision "a sad moment".

Lava flow from Hawaii volcano engulfs neighborhood, creates new land
Kilauea, standing at 4,091 ft (1,247 metres) tall, has now been erupting for 34 days in a row, the longest since 1955. Kim told reporters in Hilo on Thursday the total includes about 320 homes in the coastal community of Kapoho.

Trailer drops for star-studded thriller Bad Times at the El Royale
Before he gets his hands busy with the comic-book world, he's about to unleash mayhem at the El Royale hotel and he's not alone. Drew Goddard is a very busy man.

"Castlevania" Animated Series Season 3 is Reportedly Underway
Granted, it was mostly down to a passionate team and funding from Netflix, but the first season of " Castlevania " showed a lot of promise.

It backs up their contention that the ACA provision requiring most Americans to carry health insurance soon will no longer be constitutional.

"The individual mandate thus still exists, but it will no longer be fairly possible to describe it as a tax because it will no longer generate any revenue", the Justice Department said in its brief on Thursday.

The states argue that now that Congress repealed the penalty for not having coverage in the tax bill a year ago, ObamaCare's individual mandate can no longer be upheld as a tax, and that it therefore should be invalidated. In addition, the government doesn't go so far as Texas and its fellow plaintiffs in arguing that the Affordable Care Act and the regulations issued under it are now invalid.

"It's just one more part of the story of trying to politicize the Justice Department", said Jost, a supporter of the health law.

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

Related:

  • Surprise! Hilary Duff is pregnant

    Surprise! Hilary Duff is pregnant

    Duff is already mother to her 6-year-old son, Luca, whom she shares with ex-husband Mike Comrie. Duff captioned the photo of her and music producer Koma, 31, showing off a growing baby bump.
    The official 'Halloween' trailer, shot in SC, has been released. Recognize anything?

    The official 'Halloween' trailer, shot in SC, has been released. Recognize anything?

    Universal has released the first trailer for Halloween and horror icon Michael Myers is officialy back - and he means business. Following his newfound freedom, the clip teases goosebump-inducing scenes leading up to Strode getting her battle with Myers.
    ‘Game of Thrones’ Prequel Moves Ahead at HBO With Pilot Order

    ‘Game of Thrones’ Prequel Moves Ahead at HBO With Pilot Order

    HBO has greenlit a pilot for the highly-anticipated Game of Thrones prequel series . As previously announced, GOT creators/exec producers David Benioff and D.
  • Xi Jinping says Vladimir Putin is his ‘best friend’

    The other new member state this year is Pakistan, a country India has held numerous exciting discussions with over the years.
    YouTube star found dead in pool of blood inside apartment

    YouTube star found dead in pool of blood inside apartment

    He was a hardworking man who didn't have problems with anybody. "He loved his kids and his family". A man was stabbed to death in the Bronx and his body found inside his home, by his girlfriend.
    Leicester activate Jonny Evans release clause

    Leicester activate Jonny Evans release clause

    But it looks like Leicester City will win the race for his signature after they agreed to meet his release clause. However, he was allowed to leave Old Trafford by Louis van Gaal three years ago, joining West Brom.
  • Liberals lose official party status after getting only seven seats

    Liberals lose official party status after getting only seven seats

    Larger polling stations will have an electronic database with the voter roll and ballots will be fed into a tabulator machine. Energy Minister Glenn Thibeault, a New Democrat turned Liberal, lost to the NDP's Jamie West in the Sudbury riding.

    Earliest animal footprints found in China

    The footprints are organized in two parallel rows, as expected if animals made them with paired appendages. The body fossils of the animals that made these traces, however, have not yet been found.
    Team Sky wins Criterium du Dauphine team time trial

    Team Sky wins Criterium du Dauphine team time trial

    It was Ackermann's second professional victory after he claimed a stage win at the Tour of Romandie earlier this season. The race moves into the mountains on Thursday, with a 181km stage from Chazey-sur-Ain to Lans-en-Vercors.
  • Max Verstappen threatens to HEADBUTT someone after this question

    Max Verstappen threatens to HEADBUTT someone after this question

    Red Bull's Max Verstappen snapped after he was repeatedly asked about the crashes he has been involved in recently. We have a great auto but our whole package is not the best on every single track and we just have to accept that".

    Canada Senate Gives Approval to Marijuana Legalization

    The government had aimed for marijuana sales to begin on July 1, but that target appears unlikely. The bill initially called for allowing four marijuana plants per dwelling.
    Celebrity Chef Anthony Bourdain Dead at 61

    Celebrity Chef Anthony Bourdain Dead at 61

    Bourdain, whose CNN television show " Parts Unknown " recently featured Newfoundland and Labrador, apparently took his own life. Our thoughts and prayers are with his daughter and family at this incredibly hard time", the statement read further.

Comments

Latest news

Weinstein Pleads Not Guilty to Rape Charges; 90 Women Accuse Him
Brafman then offered several hints of his pretrial strategy to the judge and lead prosecutor Joan Illuzzi. Harvey Weinstein pleaded not guilty Tuesday to rape and criminal sex act charges in NY .

Ontario businesses seek clarity from populist leader Ford
Wynne's Liberals dropped so many seats in the election after 15 years in power, they lost official party status. But Ford's campaign certainly wasn't immune to controversy.

These are the top 10 highest paid sports stars in the world
The champ definitely knows how to make money and his earrings for 2017 surpassed soccer great Cristiano Ronaldo . The latest list features athletes from 11 different sports, with basketball leading the way with 40 contenders.

President Trump Barrels into Tense G-7 Summit
Trump also singled out tariffs on USA dairy products in yet another scathing tweet directed at Canada just before the G-7. European Commission chief Jean-Claude Juncker and EU president Donald Tusk will also attend, the French leader said.

Trump could handle Brexit better than Theresa May, Boris Johnson says
He stressed that he was not rejecting the United Kingdom prime minister's ideas - but said any "backstop" to prevent a hard Irish border could not be time-limited.

Health officials link pre-cut melon to salmonella outbreak in MI
The CDC said Walmart and Kroger stores in the affected states had removed pre-cut melon linked to the outbreak from their shelves. To date, 60 people infected with the outbreak strain have been reported in five states, including 32 cases in MI .

Suzie Bates Stars as New Zealand Women Smash Record ODI Total
New Zealand broke their own 21-year-old record women's ODI total of 455 for five, made against Pakistan at Christchurch in 1997. Bates slammed 24 boundaries and two sixes and established a 172-run partnership stand with opener Jess Watkin (62).

Hurricane Aletta picks up steam, poses no risk to mainland
The storm, which is no threat to any land area, is packing maximum sustained winds of 140 miles per hour . Forecasters are also keeping an eye on another area of low pressure to the east of Aletta.

Sharapova hits back at Williams in book row
With Wimbledon not starting until July 2, Williams has a degree of time on her side in which to get healthy. The last time the two were scheduled to play was in Qatar in February, but Halep was forced to retire.

Robert Mueller slaps obstruction charges on Paul Manafort
An Atlantic profile earlier this week portrays Kilimnik as Manafort's long-time "aide-de-camp" in Eastern Europe . Earlier on Friday, Mr Trump denied that he was considering pardoning Mr Manafort.

Trump Will Leave G-7 Early and Avoid Meeting Allies
Mr Trudeau has described the United States claim that the tariff decision was taken on national security grounds as "insulting". As I said at the beginning, we still cherish our historic connection with the American people.

France's Macron threatens rare rebuke of US at summit
The leaders showed no outward signs of tension over their trade dispute. And after the Prime Minister took to US television to describe Mr.

Poundworld closing: UK High Street giant set for administration
But Sky News reported today that the firm has ended talks, putting 5,300 jobs at risk if no alternative solution is found. Department store chain House of Fraser is close to unveiling a restructuring, which could come as early as Wednesday.

Ant-Man and the Wasp Suit Up in New Poster
Apparently, there is no French translation for Ant-Man but there is for the Wasp or should I say "La Guepe". Harris, David Dastmalchian , and Michael Douglas also return to reprise their respective roles.

Madison Keys vs Sloane Stephens, French Open 2018
Djokovic, a 12-times major victor , fought back in typical fashion to win the third set but his determined opponent was not done. Halep, who also lost in the 2014 final, will next face either two-time Grand Slam champion Angelique Kerber or Caroline Garcia.

Other news