Boots & Sabers

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1502, 26 Mar 19

Justice Department Believes All of Obamacare is Unconstitutional

I disagree. Some of Obamacare is atrocious policy, but not unconstitutional. However, the Obamacare law does not have a severability clause, so the whole thing could be thrown out if even one part is unconstitutional.

The Trump administration now believes that the entire Affordable Care Act should be struck down, a major shift in the federal government’s position and one that could endanger health coverage for millions of Americans with pre-existing conditions.

In a letter on Monday night, the justice department said it is now backing a Texas judge’s controversial December ruling that the healthcare law known as Obamacare is unconstitutional.

Throwing out the law would end healthcare coverage for millions of people – getting rid of publicly subsidized health insurance plans sold on exchanges, the expansion of Medicaid, protections for people with pre-existing conditions, and rules letting children stay on their parents’ insurance until the age of 26.

“The Department of Justice has determined that the district court’s judgment should be affirmed,” wrote Joseph Hunt, the assistant attorney general, and other lawyers in the new court filing.

Until this week, the government’s position was that only part of the law – like its rules prohibiting insurance companies from denying health insurance or charging more to people with pre-existing conditions – should be struck down.


1502, 26 March 2019


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