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Posted on 06/07/2018 6:54:35 PM PDT by jazusamo
The Trump administration told a federal court Thursday it won’t defend Obamacare against a lawsuit that’s trying to strike down most of the law.
It’s a notable stance that means it will be up to Obamacare fans such as Democratic governors to step in and defend the Affordable Care Act against on onslaught from GOP attorneys general, who say after Congress nixed the individual mandate at the heart of the law, the rest of it should follow.
In court papers, the Justice Department said it doesn’t want to stop the law in its tracks, but said they agreed with the plaintiffs who say the most famous parts of the law are now illegal.
The crux of the argument goes back to Chief Justice John G. Roberts Jr.’s 2012 ruling upholding the constitutionality of the individual mandate as a valid use of Congress’s taxing power. The court held that Congress was able to offer people a choice: get insurance, or pay a tax.
If there is no tax penalty for not buying insurance now, then no taxation is taking place, so the other parts of the law tied to the individual mandate must go, the 20 GOP attorneys general argue.
The Justice Department concurred.
(Excerpt) Read more at washingtontimes.com ...
From article:
“Still, refusing to defend a law is not unprecedented.
The Obama administration made the same move with respect to the Defense of Marriage Act, declining to defend it.”
Using the Rats tactic against their landmark horror show!
Did not Obama’s do the same thing?
Yes, Post #2.
Here is hoping if Obama goes ballistic he blows an annerism.
And so did Jerry Brown (D-LSD).
Federal judge to declare something out of its ass 3...2...1
Some Hawaiin Judge now writing an order requiring the Justice Department to provide a defense. Should be ready by morning.
Winning! More please.
JoMa
I prefer to call it the Soetero Hustle.
Win this then file class action to get the fines back that were imposed.
Article doesn’t tell which court or judge, which would be nice to know. IIRC Rats intentionally left out any severability clause in Obunglecare so throwing out part should throw out all. Better to reapeal all and revert to status quo ante and present a fait accompli to the Rinos in Congress. We do not want them to try to fix it; we want them to fix what preceded it by going in the opposite policy direction. The wild card is can they blackmail Roberts again?!
bozo legacy equals which bathroom stall to use, and what sex am I for the perverted, mentally sick.
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Man, I’m lovin this!
Ouch! That's gpma be some nuke-force butthurt for the kenyan marxist muzz slime right there.
Soetero Hustle is perfect, and every last one of his Rat minions hustled for him.
What goes around comes around ... loving it !!!
bttt
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