Trump’s New Plan to Dismantle Obamacare Comes With Political Risks

Trump justice department will stop defending key parts of Obamacare

What they did: The Department of Justice filed a brief Thursday in support of the suit, saying "this Court should hold that the ACA's individual mandate will be unconstitutional as of January 1, 2019", and that some other provisions of the law - including those protecting people with pre-existing conditions being denied coverage or charged higher premiums - are inseparable from the mandate and therefore should be declared unconstitutional as well.

"This is not a new experience for us under this new Trump era of having to defend Californians", Becerra said.

On April 26, 2018, the plaintiff states, joined by two individual plaintiffs, asked the court to enter a preliminary injunction invalidating the law.

A coalition of 20 USA states sued the federal government in February, claiming the law was no longer constitutional after last year's repeal of the penalty that individuals had to pay for not having insurance.

In a brief filed in a Texas federal court, the Justice Department said the ACA's individual mandate - which required most Americans to carry health insurance - can no longer be interpreted as a tax "because it will raise no revenue as Congress has eliminated the monetary penalty". In May, the court allowed them to "intervene" in the case.

But in this case, he wrote, he could not find those arguments to defend the constitutionality of the provisions and "concluded that this is a rare case where the proper course is to forgo defense".

After the latest attempt to repeal the health law failed with Arizona Sen.

These consumer protections proved enormously popular with Americans and are among the reasons why efforts to repeal Obamacare in Congress failed previous year. On his first night in office, Trump issued an executive order, directing federal agencies to lighten the regulatory burden placed by the law.


"Trump and his cronies can't unilaterally roll back preexisting protections for millions of Californians", Newsom said.

A spokesman for his opponent in the race, Republican gubernatorial candidate John Cox, declined to comment.

If the court agrees with the Justice Department's argument to toss out part of the law that protects individuals with an existing medical condition, that could affect millions of Americans who buy insurance directly from the marketplace.

Attorney General Jeff Sessions, in a letter to House of Representatives Speaker Paul Ryan, said he had determined the individual mandate will be unconstitutional when the tax law becomes effective in 2019. No one has pushed that issue forward in the Legislature.

"This is yet another malicious Republican attack that will undermine the stability of our healthcare system, and could once again mean that you or a loved one are denied healthcare because of a pre-existing condition", said Meredith Kelly, the communications director of the Democratic Congressional Campaign Committee (DCCC).

The news rallied defenders of the law into action and raised questions among legal scholars about the likelihood it would succeed. He will face retired judge Steven Bailey, a Republican, in the November general election. The rest of the ACA can function without the mandate, the brief says, and should be retained.

Reyes said Friday that "the individual mandate can not be severed" from the parts of the Affordable Care Act that prohibit insurers from increasing a person's premium rates or denying them coverage based on their health history.

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