Trump's Justice Department says the ACA is unconstitutional
Source: Axios
The Justice Department will not defend the Affordable Care Act in court, and says it believes the law's individual mandate the provision the Supreme Court upheld in 2012 has become unconstitutional.
Why it matters: The Justice Department almost always defends federal laws when they're challenged in court. Its departure from that norm in this case is a major development career DOJ lawyers removed themselves from the case as the department announced this shift in its position.
The details: The ACA's individual mandate requires most people to buy insurance or pay a tax penalty. The Supreme Court upheld that in 2012 as a valid use of Congress' taxing power.
Yes, but: A group of Democratic attorneys general has been granted permission to defend the ACA in this case, so someone will be in its corner.
Read more: https://www.axios.com/trumps-justice-department-says-aca-is-unconstitutional-06f8714d-7606-4104-9982-f057786828a7.html
cos dem
(903 posts)Princess Turandot
(4,787 posts)I can't see this going very far. If the lower courts dismiss the case based upon the 2012 decision, it's unlikely that there would be 4 SCOTUS justices to agree to hear the case on appeal. Roberts wrote the 2012 decision himself, and in the second case regarding the law's language on federal marketplace coverage, both Roberts and Kennedy voted with the liberals.
Chickensoup
(650 posts)sakabatou
(42,152 posts)But thankfully, there are those to defend it.
heaven05
(18,124 posts)shocked I tell you. Sessions is an old-school racist. Smile in your face during the day, a night riding klansman hanging AA at night. Can this democracy survive a racist potus, DOJ and 66milion klansmen/women unafraid of being recognized?