Skip to comments.DOJ changes course: Entire ACA should be struck down
Posted on 03/25/2019 7:21:11 PM PDT by Revel
The U.S. Department of Justice on Monday took a broader stance against the Affordable Care Act, telling a federal appeals court the entire law can be discarded.
The agency called on the 5th U.S. Circuit Court of Appeals to affirm a district court ruling invalidating the entire Obamacare law, saying it "is not urging that any portion of the district court's judgment be reversed."
The one-page letter came hours after 21 Democratic state attorneys general argued that Congress' zeroing out of the penalty did not make the individual mandate unconstitutional, as U.S. District Judge Reed O'Connor decided in mid-December.
At the heart of the case is whether the entire Affordable Care Act can stand without the individual mandate penalty, which the GOP-led Congress effectively eliminated in the 2017 tax law.
"With the amount of the tax set at zero, the remaining minimum coverage provision becomes simply precatoryprecisely as the amending Congress intended," the brief stated. "It is no more constitutionally objectionable than the 'sense of the Congress' resolutions that Congress often adopts."
(Excerpt) Read more at modernhealthcare.com ...
It has been a heck of good Monday!!!
Not just the ACA, but DACA as well.
Justice Department sides with court ruling Obamacare invalid
A black robed dictator will strike this down in 3..2..1..
I hate when that happens............
OMG..I can’t take all this WINNING. Ha.
The only downside to this is my Dem rep is going to flood twitter with sob stories about how people would be dead but for Obamacare. Of course they will be anyway.
6 feet under, where he can’t do anymore harm to our Constitutional Republic.
This is just day one of the new, unrestrained Trump administration.
The only reason we have Obozocare is because of the epileptic chief justice Roberts who rewrote the law.
Comin for you Barry!
Best day since the day after Election Day 2016!
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