Trump Administration Asks SCOTUS to Dismantle Obamacare
On Thursday, the Department of Justice (DOJ) filed a brief with the Supreme Court asking that Obamacare be determined as unconstitutional, since Congress cut out the individual mandate in the 2017 Tax Cuts and Jobs Act.
The brief the DOJ filed with the court argued that since Congress cut out the penalty for not having health insurance, the law cannot be justified under the legislature’s taxing power.
The Daily Wire reports that, according to the Wall Street Journal, Solicitor General Noel Francisco wrote in the brief that “[T]he entire ACA thus must fall with the individual mandate. The individual mandate is no longer a valid exercise of Congress’s legislative authority in light of Congress’s elimination of the penalty for noncompliance.”
In February 2018, after the tax cut law was passed, a group of 20 GOP state officials sued the federal government for the courts to determine Obamacare as unconstitutional, but Democrat officials in 17 other states responded in a court filing arguing for the law to stay. The Trump administration sided with the plaintiffs, and a Texas federal court sided with them as well. The Firth Circuit Court of Appeals upheld the decision.