The Trump admin.'s decision to support a federal judge's ruling against Obamacare is drawing surprising criticism from conservatives, who are joining with liberal legal experts in attacking the government's new position.
Supporters of the Affordable Care Act celebrate after the Supreme Court upheld the law in a 6-3 vote on June 25, 2015.Get breaking news alerts and special reports. The news and stories that matter, delivered weekday mornings.WASHINGTON — The Trump administration's decision to support a ruling by a Texas federal judge against Obamacare is drawing surprising criticism from conservatives, who are joining with liberal legal experts in attacking the government's new position.
Responding to a lawsuit filed by Texas and 18 other states, O'Connor ruled that when Congress changed the health care law in 2017, it undercut the reasoning the Supreme Court relied on in upholding the law in 2012. In an opinion written by Chief Justice John Roberts, the Supreme Court said Obamacare's individual mandate — the provision requiring all Americans to buy health insurance or face a tax penalty — was unconstitutional.
Last year, the Justice Department said it only partly agreed with O'Connor's ruling, saying then that the judge should have left some parts of the law in effect, including provisions expanding Medicaid to cover millions of America's poorest, creating health insurance marketplaces, and providing subsidies for low-and-moderate income people.
Submitting a friend of court brief for himself and three others, Jonathan Adler, a law professor at Case Western Reserve University, said,"The four of us do not agree on much, particularly where the Affordable Care Act is concerned, but we all agree that the decision below is unmoored from law or contemporary doctrine."
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