Posted by 05 April 2019
The legal fight over the Affordable Care Act, or Obamacare, is currently raging in court. This week, the House of Representatives condemned the Trump Administration’s efforts to see this law invalidated by court order.
On April 3, the House of Representatives passed House Resolution 271, which condemns the Trump Administration’s legal actions against the ACA. That resolution calls on the Trump Administration to reverse its course and defend the law from legal challenges. It passed by a vote of 240-186, with 8 Republicans joining all but one Democrat in backing it.
In February 2018, attorneys general and governors from 20 states filed a lawsuit arguing that a portion of the ACA was unconstitutional and the entire law should be invalidated because of that. Initially the Trump Administration took a stance that the portion of the law in question, the minimum essential coverage mandate, was indeed unconstitutional, but that this portion could be ruled so without overturning the entire law. A federal judge in December 2018 agreed with the plaintiffs, finding this part of the law unconstitutional and saying that the entire law had to go because of it.
After that ruling, the Department of Justice changed course, saying that this ruling should be upheld and that the entire ACA was unconstitutional. The case is still being litigated, but this new position from the Trump Administration weakens the argument in favor of the law. In most cases, the Justice Department defends federal law when they are being challenged in court.
While the resolution passed by the House of Representatives urges the Trump Administration to once again defend the ACA, this is unlikely to have any effect. The Department of Justice is expected to continue arguing that the law should be invalidated. It remains to be seen how the courts will decide, especially since this case is likely to make it to the Supreme Court.
Do you think that the Trump Administration should defend Obamacare in court?