Trump administration asks court to totally repeal Obama’s Affordable Care Act
Protesters shout at lawmakers walking out of the U.S. Capitol in Washington on May 4, 2017, after the House of Representatives narrowly passed a Republican effort to repeal and replace Obamacare, delivering a victory to President Trump after early legislative stumbles. By Isaac Stanley-Becker Isaac Stanley-Becker Reporter based in the U.K.
It divulged its position in a legal filing Monday with the U.S. Court of Appeals for the Fifth Circuit, where an appeal is pending in a case challenging the measure’s constitutionality. A federal judge in Texas ruled in December that the law’s individual mandate"can no longer be sustained as an exercise of Congress’s tax power” and further found that the remaining portions of the law are invalid.
Previously, the Trump administration had not gone as far, arguing in a brief last June that the penalty for not buying insurance could be distinguished from other provisions of the law, which could still stand. But in the new filing, signed by three Justice Department attorneys, the administration said that the decision of U.S. District Judge Reed O’Connor should be affirmed and the entirety of the ACA should be invalidated.
“Because the United States is not urging that any portion of the district court’s judgment be reversed, the government intends to file a brief on the appellees’ schedule,” the filing stated.
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