Ditching Obamacare would be self-defeating, but that isn’t stopping Donald Trump from trying. rob_cyran
The U.S. Department of Justice said in a March 25 letter to the Fifth Circuit Court of Appeals that it now supports a lower court ruling that declared the Affordable Care Act unconstitutional.
In 2012, a majority of justices on the U.S. Supreme Court said the law’s individual mandate that required citizens to buy insurance was not constitutionally justified by Congress’ ability to regulate interstate commerce. However, a majority also ruled that the mandate was a tax penalty, and therefore constitutional. The Tax Cuts and Jobs Act of 2017 eliminated that penalty.
Last December, district judge Reed O’Connor ruled that because the tax penalties were eliminated, the individual mandate was unconstitutional and, therefore, so was the entire law. The ruling is being appealed by a coalition of Democratic state attorneys general in the Fifth Circuit Court of Appeals.
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