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U.S. Justice Department says Obamacare individual mandate unconstitutional

11 June 2018

Timothy Jost, law professor emeritus at Washington and Lee University in Virginia said the Trump administration is trying to persuade the court to do what it was unable to achieve in Congress a year ago - essentially, repeal key parts of the Obama health law. In the meantime, it suggested, the judge should simply issue a declaration that the mandate can not survive constitutionally if it no longer involves a tax that raises federal revenue.

"Removing those provisions will result in renewed uncertainty in the individual market, create a patchwork of requirements in the states, cause rates to go even higher for older Americans and sicker patients, and make it challenging to introduce products and rates for 2019", said America's Health Insurance Plans.

"You've got very sympathetic populations that are affected by those conditions so to somehow adversely affect them is not a politically wise move", said Representative Tom Reed, a New York Republican, signaling opposition to the administration's decision.

The news rallied defenders of the law into action and raised questions among legal scholars about the likelihood it would succeed. Typically, the department defends federal laws in court.

"The lawsuit initiated by Texas is risky and reckless and would destroy the ACA as we know it".

"It's, simply put, an attack on the health care that millions of Americans have come to count on, and California, being the most successful state in implementing the Affordable Care Act, stands to lose perhaps more than anyone else".

He said to "roll back the clock" would be "irresponsible and unsafe".

"We won't sit back as Texas and others try yet again to dismantle our healthcare system".

Texas is arguing that without the fine, the entire law should be struck down as unconstitutional.

Without the mandate, insurers have warned of premium price hikes for 2019, and states have already reported increases, as payers fear healthy individuals will flee the ACA market, leaving a higher-cost, riskier population. In April, he and 16 attorneys general sought to intervene in the federal lawsuit. But the court will take notice that the Trump administration has switched sides.

"This is disgusting but not surprising".

Republicans on Capitol Hill had no advance warning that the administration was going to assert that protections for people with preexisting conditions is unconstitutional - a position that defies President Donald Trump's promises to maintain those protections. "I think what they're doing is wrong, I think their attempts to overturn the Affordable Care Act have been wrong, but look, they're the majority, they set the schedule".

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"The entire point of insurance is that it should be there when you need it". This is one of the most significant events in the upcoming year.

Bagley said, "That's nearly unheard of".

Insurers were not allowed to raise costs for people with pre-existing medical conditions.

Epilepsy, cancer, diabetes, lupus, sleep apnea, and pregnancy are all examples of pre-existing conditions. So the pre-existing condition protections are likely to stay in place during that period.

In a blistering statement, the American Psychiatric Association is calling on the administration to reverse its decision.

The Trump administration said Thursday night that it will not defend the Affordable Care Act against the latest legal challenge to its constitutionality - a dramatic break from the executive branch's tradition of arguing to uphold existing statutes and a land mine for health insurance changes the ACA brought about. Even when insurers offered policies to those with health problems, they often excluded those illnesses.

He said the only explanation for the brief is that the administration decided its "dislike for the Affordable Care Act outweighed its respect for the rule of law". Republicans, in turn, were focused on calls by liberals such as Sen.

Collins slammed the administration's decision in a statement provided to ABC News. Other findings include: health insurance gains were largest for adults without a college degree; long term and short term un-insurance rates declined; use of primary care, mental health services and preventive care among enrollees increased; as well as more low and moderate care adults had more regular source of care; and reliance on ER departments decreased. So, they have called on the trial court to strike down every part of the ACA, a massive law of more than 900 pages that Congress passed in 2010.

Senate Democrats have vowed to make health care policy a priority this summer, as they gear up for midterm elections this November.

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.

Senate Democratic Leader Chuck Schumer of NY urged President Donald Trump to reverse the decision. "Unfortunately, today the situation is far worse", Schumer wrote.

This also extends to two major provisions of the ACA, also known as Obamacare, including one that protects people with preexisting conditions from being denied coverage.

U.S. Justice Department says Obamacare individual mandate unconstitutional