Trump Administration Won't Defend ACA

Trump Administration Won't Defend ACA

The Trump administration, however, is seeking to gut two core provisions that guarantee that these folks can get health insurance and that they won't have to pay more for it.

"Obamacare started failing the day Bob Casey voted for it", Barletta said. The entire law must fall, they say.

"The pre-existing condition thing is what the ads will be run on", said Blendon. "The brief filed by the Trump Administration yesterday represents a shocking break from precedent and relies on legally dubious, partisan claims to argue against the constitutionality of the current law".

Before the brief was filed, three career lawyers at the Justice Department withdrew from the case.

Guaranteed issue requires insurers to offer coverage to everyone regardless of their medical history.

This claim is based on two features of the law's text: It contains no severability clause - standard language to the effect that the statute would remain valid even if one or more of its provisions proved to be in violation of existing law - and its explicit assertion that the ACA can not function without the individual mandate.

If this lawsuit succeeds, who would be affected? They routinely defend policies they dislike and make arguments they personally disagree with. It would leave millions of Americans without access to affordable, quality healthcare.

Rep. Tom MacArthur, New Jersey Republican, included a provision in the House bill that would have required insurers to cover sicker Americans but allowed states to waive the prohibition on charging them higher premiums. Before the ACA passed, insurers commonly refused coverage for people with cancer, heart failure, diabetes, arthritis and even less serious conditions. An NBC/Wall Street Journal poll released in early June found that 36 percent people are "very uncomfortable" with a candidate who supports repealing the ACA - a significant jump up from 25 percent in 2010.

Lieutenant Governor Gavin Newsom, the Democratic front-runner in the race for California's next governor, breathed the same fire as Becerra against the federal government on Friday.

The DoJ also sided with the states in arguing that two of the law's core consumer protections - which make health insurers cover sick consumers and prohibit them from charging sick consumers higher premiums - can not be severed from the individual mandate and, therefore, are likewise unconstitutional. What about next year?

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The Affordable Care Act has already survived several court challenges, and this latest test of its durability could take months or years to go through the legal system. So, the pre-existing condition protections are likely to stay in place during that period. "Our coalition of states and partners across the country will fight any effort to strip families of their health insurance", he said.

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.

House Republicans said Friday they aren't sweating the Trump administration's refusal to defend Obamacare against a lawsuit that could nix popular health care protections, saying the case is in its infancy and they acquitted themselves by offering an alternative health plan previous year.

A bigger effect on premiums, according to both Corlette and Laszewski, are factors already in play that are expected to draw younger and healthier people out of the ACA marketplace. However, the Trump administration contends the individual mandate only becomes unconstitutional as of 2019, calling for a declaratory judgment from the court on the constitutionality but a denial of a preliminary injunction for the plaintiffs.

"The lawsuit initiated by Texas is risky and reckless and would destroy the ACA as we know it". Ultimately, the case may be heading for the Supreme Court. Now his administration is walking back on that promise in a major way.

"Texans have known all along that Obamacare is unlawful and a divided Supreme Court's approval rested exclusively on the flimsy support of Congress's authority to tax", said Paxton when the suit was filed.

Other legal observers point out that's not how the law-making process works. "Nothing yet", wrote Tim Jost, emeritus professor of law at Washington & Lee University, in Lexington Va., in a blog post for the Commonwealth Fund. "Congress made that choice". For starters, it's pretty rare for the DOJ (under any party's control) to come out against an existing US law since it's generally in the business of trying to defend the law's constitutionality.

O'Connor issued an order on May 16 that grants California and other states that support the ACA official intervenor status.

The states want the court to declare the mandate to be unconstitutional.

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