Trump administration calls on Supreme Court to repeal Obamacare

Grant Boone
July 1, 2020

The administration on Thursday filed a legal brief to the Supreme Court asking that the ACA be invalidated, a move that would take away health insurance coverage for about 20 million people and make health care a chief issue a little over four months out from the presidential election.

The brief argues that because the law's requirement to have health insurance was upheld in court as a tax in 2012, and Congress has since repealed the financial penalty for violating that requirement, in 2017, it is no longer a tax and therefore no longer constitutional. Since the individual mandate clause is so closely intertwined with the guaranteed-issue and community-rating provisions, it logically follows that such provisions can not be enforced absent the individual mandate. Her aides noted that she sent a letter to Lawyer Standard William Barr in May of 2019 urging him to defend the health and fitness treatment legislation, and she said in a statement Friday that the Trump administration arrived to the wrong summary about congressional intent when users integrated the personal mandate repeal in the tax law.

"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", said Francisco, who leads the Justice Department's Office of the Solicitor General.

So let me repeat for the record: Arkansas Attorney General Leslie Rutledge, who is running for governor in 2022, is on the brief to kill the Affordable Care Act during a pandemic.

"Amid an unprecedented health crisis, the Trump Administration and Republican leaders are doubling down on their attacks on the Affordable Care Act".

The Supreme Court will hear the case in its next term starting October, but US media reported that it is unlikely to be examined before the presidential election in November.

President Donald Trump's administration last week told the Supreme Court that the ACA, better known as Obamacare, is invalid, including its protections for people with pre-existing conditions.

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M. Trump has vowed to repeal Obamacare if he is re-elected, it was already one of his main campaign promises in 2016.

Presumptive Democratic presidential nominee Joe Biden rebuked the administration for its "cruel" and "heartless" filing during a speech in Pennsylvania.

"The president will always support coverage for people with pre-existing conditions", said Trump campaign spokesman Tim Murtaugh.

Although Americans are still divided over the 2010 law, health care concerns are consistently ranked as one of the top issues for voters, and voters instead, in particular, according to surveys by the Kaiser Family Foundation.

And Biden went a step further by linking the potential effect of the court filing to the medical complications that many Covid-19 patients may face in the future.

"And if Donald Trump prevails in court, insurers would be allowed to strip away coverage or jack up premiums - simply due to their battle with the coronavirus".

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