Late last night, the Justice Department made a move to fulfill one of Republican's longtime campaign promises: repeal and replace Obamacare.  This same campaign promise was the rallying cry which won Republicans the Senate and House during President Obama’s presidency.  As the election looms around the corner, it appears President Trump is rushing to fulfill his check list his voters have for his first four years, and Obamacare is on the top of the list. 

The Justice Department asked the Supreme Court to invalidate Obamacare. Solicitor General Noel Francisco noted that the individual mandate and two key provisions were taken out of the healthcare law, and therefore, the rest of the law should “not be allowed to remain in effect.” He continued, “Nothing the 2017 Congress did demonstrates it would have intended the rest of the ACA to continue to operate in the absence of these three integral provisions.”  This late-night filing comes days after House Democrats filed a bill to expand Obamacare 

The Justice Department’s decision to ask the Supreme Court to invalidate Obamacare during COVID-19 and months before the election has political pundits alert. The healthcare bill is also part of Vice President Biden’s legacy.  President Biden was crucial in getting lawmakers, who he had years of friendship with during his tenure in the Senate, to sign onto the healthcare law and vote to pass it.  He was in the chamber for the vote, and a key figure for the legislation. Asking the Supreme Court to invalidate the law will bring healthcare to the forefront of both campaigns, and make voters across the country, again, decide if they want a president with the ability to repeal and replace Obamacare.

 The justices will hear the arguments, but it is not yet clear if it will be before November.  

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