Trump Administration Asks Court To Totally Repeal Obamacare

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The Justice Department is expected to elaborate on its position in a brief to the Appeals Court. It now says that a lower court was correct in finding that the entire law should be undone. When Jeff Sessions was attorney general, the administration argued only certain parts of the ACA, like protections for people with pre-existing conditions, should be struck down, but the rest of the law could stand, according to CNN.

The health law, signed by then-President Barack Obama, remains in place while the lawsuit continues.

The Justice Department said in a letter to the 5th Circuit Court of Appeals that they agree with a ruling from a Texas judge who declared that Obamacare should be struck down after Congress voted to eliminate the individual insurance mandate penalty.

Legal experts expect the case to be brought up in front of the Supreme Court, which will be the third time the high court will take up the issue of the ACA.

In Washington, a capital city consumed with the political storm over special counsel Robert Mueller's Russian Federation report, Democrats are trying to show they also care about policy by falling back on an issue that worked well for them in last year's midterm elections.

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Senate Minority Leader Chuck Schumer, a New York Democrat, said the Justice Department decision "will prove far more detrimental" to the Republicans than any political "gains" they might enjoy from the end of Mueller's investigation.

Yet it's an issue Democrats have struggled to stay focused on after taking the House in January and effectively neutering the Republican threat to repeal the 2010 law.

U.S. Sen. Elizabeth Warren, a Massachusetts Democrat and 2020 presidential candidate, stressed that lawmakers "will not let the Trump administration rip health care away from millions of Americans".

Democrats made defending Obamacare a powerful messaging tool in the run-up to the November's elections, when opinion polls showed eight in 10 Americans wanted to defend its most popular benefits, including protections for insurance coverage for people with pre-existing conditions. She said "one of the the the main things that keeps people up at night that they worry about is whether they're going to have access to affordable health care". The judge ruled that Congress' elimination of penalties for not buying health insurance rendered the law unconstitutional. This wouldn't fix the nation's health care system so much as return it to the pre-Obamacare status quo, which was broken in different ways.

Democrats were quick to criticize the move.

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

The Justice Department's letter won't change anything yet for the law, also known as Obamacare.

A group of 17 mostly Democratic-led states including California and NY on Monday argued in court papers that the law was constitutional because the individual mandate is a "lawful choice between buying insurance or doing nothing".

Nearly immediately the decision was appealed by a group of pro-ACA attorneys general led by California Attorney General Xavier Becerra and the case is now at the U.S. Court of Appeals for the Fifth Circuit.

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