DOJ Now Argues Obamacare Should be Struck Down

The Trump administration is now looking to the courts to completely throw out Obamacare.

In a letter filed with the U.S. Court of Appeals for the Fifth Circuit in New Orleans, the Justice Department is asking that a lower court’s ruling that the healthcare law is unconstitutional now be affirmed, USA Today is reporting.

U.S. District Court Judge Reed O’Connor in Texas had ruled the law, known as the Affordable Care Act, was no longer constitutional because Congress had repealed the requirement that people buy insurance or pay a penalty.

Axios reported that if the DOJ gets its way the ACA’s insurance exchanges would go away and so would its Medicaid expansion. In addition, millions would lose their coverage.

And Axios noted that the Trump administration had initially argued that the courts should only toss out the individual mandate and protections for pre-existing conditions.

Jonathan Adler, a professor at Case Western Reserve School of Law, writing on Reason.com, said the latest DOJ position was “astounding.”

“I was among those who cheered the selection of William Barr as Attorney General and hoped his confirmation would herald the elevation of law over politics within the Justice Department. I am still hopeful, but this latest filing is not a good sign.”

Meanwhile, the DOJ is defending its decision.

 "The Department of Justice has determined that the district court's comprehensive opinion came to the correct conclusion and will support it on appeal," Kerri Kupec, spokesperson for the Justice Department, is quoted by CNN.

• Trump: SCOTUS Will Rule Obamacare Unconstitutional
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