Trump administration pushes the fight on Obamacare, asks court to overturn law

Trump administration pushes the fight on Obamacare, asks court to overturn law

The Department of Justice announced Monday night it would side with a ruling from a Texas judge invalidating Obamacare and would not defend the Affordable Care Act in court.

It divulged its position in a legal filing Monday with the U.S. Court of Appeals for the Fifth Circuit, where an appeal is pending in a case challenging the measure's constitutionality. Trump's declaration was the 60th presidential emergency under that statute, but the first aimed at spending that Congress explicitly denied, according to New York University's Brennan Center for Justice, which tracks the law.

When asked for comment on the legal filing, Justice Department spokeswoman Kerri Kupec told ABC News, "The Department of Justice has determined that the district court's comprehensive opinion came to the correct conclusion and will support it on appeal". Heading into next year's election, Democrats will nearly certainly attempt to capitalize on the Trump administration's decision not to defend the rest of the law, including the Medicaid expansion that provides health coverage for millions and the subsidies for middle class people buying private insurance on the ACA's exchanges. But they seemed sure to fall short of the two-thirds majority required for veto overrides to succeed. They had been trying to reframe the health-care issue for 2020 as one in which they drove a wedge between Democrats who supported or opposed controversial single-payer legislation - all the while warning of socialized medicine and higher taxes. "It's a democracy", House Democratic Caucus Chairman Hakeem Jeffries, D-N.Y., said, adding, "we have the power of the purse and that prerogative has been invaded by Donald Trump". John McCain's opposition to the repeal.


While most people agree that so-called Obamacare has some problems, overturning the law would have far-reaching consequences-including potentially interrupting coverage for those who buy their health insurance on the Affordable Care Act (ACA) exchanges, as well as making healthcare financially impossible for millions of people. But that possibility was foreclosed when Democrats won control of the House in last year's midterm elections.

Kaiser Health News (KHN) is a national health policy news service. Democrats have been casting about for a message after Special Counsel Robert Mueller found no conspiracy between candidate Donald Trump and the Russian government to sway the 2016 election.

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.


A group of 17 mostly Democratic-led states including California and NY on Monday argued that the law was constitutional because the individual mandate is a "lawful choice between buying insurance or doing nothing", they wrote in court papers. "And strip the whole bill, that means that tens of millions of people, 20 million people will lose their health care".

Democratic National Committee Tom Perez said the filing moves Republicans "one step closer to throwing the financial security and peace of mind of millions - not to mention one of the largest sectors of our economy - into a tailspin".

The Trump administration is going to court to fight to dismantle the Affordable Care Act entirely. So its not a question of that - this is not about that - this is about us doing our work, ' she said, CNN reported. That ruling declared the ACA unconstitutional.


"If they do that, I think 100 percent of them will vote to override the veto", the Maryland Democrat said.

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