Trump Administration Now Says Entire Affordable Care Act Should Be Repealed

Trump administration wants all of Affordable Care Act struck down

"The Department of Justice has determined that the district court's judgment should be affirmed", The Justice Department wrote in Tuesday's memo. A group of red state attorneys general follow up in court by arguing that, because the law was created to function as a seamless whole, eliminating one major component requires the elimination of the entire rest of the law.

Previously, the Trump administration had not gone as far, arguing in a June brief that the penalty for not buying insurance could be distinguished from other provisions of the law, which could still stand.

The 2010 healthcare law, seen as the signature domestic achievement of Trump's Democratic predecessor, Barack Obama, has been a flashpoint of American politics since its passage, with Republicans, including Trump, repeatedly attempting to overturn it. "T$3 he United States is not urging that any portion of the district court's judgment be reversed".

It's a major development that is nearly certain to have significant political consequences, even if the legal arguments behind the case remain shaky. The Justice Department move also occurred hours before House Democrats were scheduled to unveil their proposal to shore up the health law - setting up another battle line for the 2020 contests.

"Tonight in federal court, the Trump administration decided not only to try to destroy protections for Americans living with pre-existing conditions, but to declare all-out war on the health care of the American people", House Speaker Nancy Pelosi said in a statement Monday.

Millions of people benefit from the ACA's taxpayer-subsidized private insurance plans, but enrollment is declining.

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The legislation is expected to include measures that would grant money to help insurers pay the bills of their most expensive patients, and restore advertising and outreach budgets removed by the Trump administration. The change comes as newly empowered Democrats in the House have vowed to protect the ACA from Republican attacks.

Trump swept into office promising to "repeal and replace" the Obama health law but was unable to do so, even with a Congress fully under Republican control. 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".

Democrats were quick to criticize the move. It has always been a target of conservatives for its tax hikes, regulations and new spending, which they argue have exacerbated the health care system. The tax overhaul repealed the individual mandate, which required Americans to either get health insurance or face a financial penalty.

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

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". "Come to think of it, let's do that regardless", Buttigieg said.

The ruling, from the 5th Circuit Court of Appeals, is likely to be appealed to the Supreme Court anyway, according to a Monday Politico report.

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