Tags: obamacare | election | repealandreplace | aca

DOJ, GOP: No 'Emergency' for SCOTUS to Take Up Obamacare

DOJ, GOP: No 'Emergency' for SCOTUS to Take Up Obamacare

By    |   Saturday, 11 January 2020 01:11 PM

As defenders of the constitutionality of the Affordable Care Act pressed for a swift Supreme Court ruling, the Trump administration is now saying there is no "present, real-world emergency" to rule before the 2020 election, according to The New York Times.

The lawsuit was brought by Republican states to rule the entire Obamacare healthcare law unconstitutional after the repeal of the individual mandate. Defenders of the law asked the Supreme Court for a quick ruling, but now the Justice Department and the Republican states argue the lower courts can litigate the case without urgency for the Supreme Court, per the report.

"The lawfulness of the act is undoubtedly a matter of the utmost national importance, but the current petitions do not justify immediate, emergency review by the court," the brief from Texas Attorney General Ken Paxton and officials in 17 other states read, according to the Times.

The case has been a winning one for the Trump administration and the Republican states in the lower courts, including a Federal District Court judge in Texas ruling the individual mandate was unconstitutional and therefor the entire law is, too.

The Fifth Circuit Court of Appeals ruled the individual mandate is unconstitutional, but did not offer a legal opinion on the remainder of the law, requesting a lower court to analyze it more thoroughly, according to the report.

The Trump administration is now willing to allow that process to play out, despite its 2016 presidential election platform of repeal and replace of Obamacare and its failure to do so in a Republican-held Congress in 2017.

Five Supreme Court justices who ruled to uphold the Affordable Care Act in 2012 amid a constitutional challenge of the individual mandate remain on the court. A ruling requires a 5-4 result on the nine-judge bench.

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As defenders of the constitutionality of the Affordable Care Act pressed for a swift Supreme Court ruling, the Trump administration is now saying there is no "present, real-world emergency" to rule before the 2020 election, according to The New York Times.The lawsuit was...
obamacare, election, repealandreplace, aca
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2020-11-11
Saturday, 11 January 2020 01:11 PM
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