The Trump administration’s Department of Justice, now under William Blair, will argue to have the entire Obamacare legislation invalidated as unconstitutional by the Supreme Court of the United States now that the taxable portion of the law has been repealed.
Justice Roberts of SCOTUS had used the tax characteristic of the bill to awkwardly push for the law to be validated after its passage by the Obama administration.
Having previously argued, under AG Jeff Sessions, that only the law’s pre-existing condition protections should be struck down, DoJ lawyers told a federal appeals court Monday it thinks the whole of ObamaCare is unconstitutional, siding with a Texas district court ruling that found Obamacare unconstitutional.
In a letter Monday night, the administration said “it is not urging that any portion of the district court’s judgment be reversed,” reported Zero Hedge.
“The Department of Justice has determined that the district court’s comprehensive opinion came to the correct conclusion and will support it on appeal,” said Kerri Kupec, spokesperson for the Justice Department.
The stage is now set for a 2020 showdown as Democrats used healthcare to help take seats from the GOP during the 2018 election.