(National Sentinel)Â Imploding: The Trump Justice Department is taking a rather unique legal position in its continuing effort to destroy the last vestiges of Obamacare, the law that continues to saddle American families with massively high insurance rates and deductibles.
The DoJ argued in court this week that the individual mandate, which Congress repealed last year as part of the tax reform/tax cut legislation, is unconstitutional.
In 2012 the U.S. Supreme Court ruled that the mandate forcing everyone to buy insurance was actually aÂ tax, not a “mandate,” and so since Congress has the power to tax, the ‘mandate’ was legal.
Now that the mandate has been repealed, the DoJ is arguing that it’s no longer a “tax,” and therefore…unconstitutional.
As reported byÂ The Hill:
The Department of Justice (DOJ) argued in courtÂ ThursdayÂ that key parts of ObamaCare are now unconstitutional, siding in large part with a conservative challenge to the law.
The move is a break from the norm of the DOJ to defend federal laws when they are challenged in court. UnderÂ President Trump,Â the department has opted not to defend a law that it strongly opposes.
The lawsuit in question was filed in February by Texas and 19 otherÂ GOP-led states, arguing that ObamaCare is unconstitutional and should be overturned.Â
The DOJ argues that ObamaCareâ€™s protections against people with pre-existing conditions being denied coverage or charged more should be invalidated,Â maintaining that the individual mandate that people have insurance or face a tax penalty is now unconstitutional.
The conservative states and DOJ point to the Supreme Court’s 2012 ruling that upheld ObamaCare’s individual mandate under Congress’s taxing power. Now that Congress has repealed the mandate penalty as part of last year’s tax bill â€“Â while technically keeping the mandate itself in place â€“ they argue the mandate is no longer a tax and is now invalid.
They also argue that the key pre-existing condition protections cannot be separated from the mandate and should be invalidated. The DOJ argues the remainder of the law can stay.
The paper reported that 17 liberal states have stepped in to defend the law in the DoJ’s absence.
What’s interesting to note is that the Left, which is apoplectic over this effort, cheered former Acting Attorney General Sally Yates when she refused to defend POTUS Trump’s first travel band.
The Left was also silent when Obama’s AG, Eric Holder, refused to defend DOMA — Defense of Marriage Act.
Typical Left-wing hypocrisy.
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