The Trump administration says Obamacare is unconstitutional: What it means to you

The Trump administration says Obamacare is unconstitutional: What it means to you

One Utah health advocacy group warned Friday that the move could have negative financial consequences for hundreds of thousands of Utahns with pre-existing health conditions. One example, unfolding right now in the midst of the president's various rhetorical wars - with our Group of Seven partners, with the special counsel, with his own attorney general - is the administration's remarkable move not to defend the constitutionality of key parts of the Affordable Care Act. Ironically, the very real threat posed by Texas v. (Case Number: 4:18-cv-00167-O) to grant a preliminary injunction that would nullify the ACA individual mandate. In 2012, the Supreme Court held that the insurance mandate was unconstitutional as a nationwide mandate.

Nevertheless, the Justice Department's position did not go quite as far as the Texas suit. They say the rest of the law is not able to be separated from the mandate, and therefore should also be overturned. Those are the ACA rules that keep health plans from considering personal health factors other than age and tobacco use when deciding whether to sell people coverage, or what premiums to charge.

Attorney General Jeff Sessions, in a letter to House Speaker Paul Ryan, said he had determined the individual mandate would be unconstitutional when the tax law takes effective in 2019.

In that scenario, other ACA provisions would stay in place.

Texas and other Republican-led states are suing to strike down the entire Affordable Care Act, while California and other Democrat-led states want to protect the law, the AP reported. But the Department of Health and Human Services could, in theory, create exceptions to those rules or rewrite them in way that could upend coverage for some consumers midyear, Levitt said. Lance, who faces a tough reelection race, distanced himself from his party's health-care legislation and the tax law that repealed the individual mandate.

Things got interesting when the Tax Cuts and Jobs Act (TCJA), passed in 2017, repealed the tax-based penalty for being uninsured.

The TCJA sets the ACA individual mandate penalty for 2019 and later years at zero.

The filing was made in reaction to a lawsuit filed by Texas, 18 other states and the governor of ME, but the Administration stopped short of supporting all that those challengers are asking. The DOJ in fact sided in large part with the states, arguing that the law's protections for people with pre-existing conditions should be invalidated. That ruling hinged on the reasoning that, while the government "does not have the power to order people to buy health insurance", as Chief Justice John Roberts wrote for the majority, it "does have the power to impose a tax on those without health insurance". Not only is the individual mandate now unlawful, but this core provision is not severable from the rest of the ACA.

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Republicans in Congress have tried endlessly to the repeal the Affordable Care Act since it was signed into law in 2010 by President Barack Obama. "The ACA is the law of the land and DOJ should defend it".

Supporters of the health care law expressed considerable alarm on Friday. He added that lawyers can request to be reassigned from a particular case when they have moral or other "serious qualms" about the government's actions, but they "rarely" seek the court's permission to withdraw.

The Justice Department argued the judge should strike down the section of the law that protects people buying insurance from being charged higher premiums due to their health history.

"Otherwise individuals could wait until they become sick to purchase insurance, thus driving up premiums for everyone else", Sessions said in his letter to Pelosi.

"The Justice Department has an obligation to defend the law, and it has refused to do so because it dislikes this particular law", Bagley told USA TODAY.

As many as 130 million adults under age 65 in the US have pre-existing conditions that could result in their not being able to get insurance coverage in the private market, according to the Department of Health and Human Services.

That's not so surprising considering more than 52 million non-elderly Americans have health conditions that could have rendered them uninsurable prior to Obamacare, a Kaiser Family Foundation analysis found. "Instead, we should focus on advancing proven solutions that ensure affordability for all consumers". Legal experts are also skeptical the case will prevail and say it will take many months for a decision in the case, and the lawsuit could play out for years because of appeals.

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