Affordable Care Act Unconstitutional, Trump DOJ Determines - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Top Stories
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Meet our Editorial Staff
    • Advertise
    • Contact
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Top Stories
Top Stories RSS Get our newsletter
Order Prints
March 26, 2019 Top Stories
Share
Share
Post
Email

Affordable Care Act Unconstitutional, Trump DOJ Determines

Washington Times (DC)

The Trump administration told a federal appeals court Monday it thinks all of Obamacare is unconstitutional, marking an escalation in its fight against the 2010 law.

Justice Department lawyers previously had argued that if the courts found Obamacare's "individual mandate" is no longer constitutional, then a narrow slice of the program — consumer protections for people with pre-existing conditions — could not stand, either.

A federal judge in Texas went much further in a December ruling, agreeing with plaintiff states who said the whole law should be invalidated. On Monday, administration lawyers said they're fine with that.

"The Department of Justice has determined that the district court's judgment should be affirmed," they wrote to the 5th U.S. Circuit U.S. Court of Appeals.

Underscoring that point, they're not urging the court to reverse any of U.S. District Court Judge Reed O'Connor's decision.

The administration's position will breathe new life into the never-ending battle over Obamacare.

Democrats say the administration is playing with fire by refusing to defend the federal health care law against the suit, which was filed last year by more than a dozen Republican-led states. They say President Trump is leveraging the courts to try and secure the full Obamacare repeal that eluded him in 2017, despite having a GOP-led Congress.

"Tonight in federal court, the Trump administration decided not only to try to destroy protections for Americans living with pre-existing conditions but to declare all-out war on the health care of the American people," House Speaker Nancy Pelosi said late Monday.

Mr. Trump has found ways to chip away at parts of Obamacare. Most notably, he urged Republicans to zero out Obamacare's mandate penalty for shirking insurance when it passed its tax overhaul.

State GOP plaintiffs seized on that change, reasoning that if the mandate is no longer collecting money, is it no longer a "tax" as Chief Justice John G. Roberts said when upholding the health law in 2012.

Blue-state attorneys general have argued in court the mandate is still on the books and, furthermore, Congress clearly intended to leave the rest of the law alone when it gutted the mandate.

The simmering debate played a pivotal role in the midterm elections. Democrats said the GOP didn't have a backup plan if the lawsuit succeeded, citing their previous failure to replace the law with something better. Democrats retook the House.

Yet Josh Hawley, who joined the anti-Obamacare lawsuit as Missouri's attorney general, defeated Sen. Claire McCaskill on election night and is now a sitting senator.

The administration's decision to fully back the lawsuit will loom large on Tuesday when Democrats plan to propose measures that would make Obamacare more generous and combat Mr. Trump's changes to the program, which they've dubbed "sabotage."

Democrats are looking to regain their political footing, anyway, as Mr. Trump taunts them over the results of special counsel Robert Mueller's two-year investigation, which found no collusion between his campaign and Russian meddlers.

"The Barr summary clearly demonstrates that Republicans are trying to take your healthcare away," Sen Brian Schatz, Hawaii Democrat, tweeted — a wry allusion to Attorney General William Barr's summary of the Mueller findings.

Yet Mr. Trump appears ready to dig in for a fight over health care, too.

He's fumed in recent weeks over late Sen. John McCain's decision to give GOP repeal plans a thumbs down in 2017, and the White House's fiscal 2020 budget says Obamacare should be replaced with fixed grants that allow states to spend federal health

Older

Texas Dems temporarily derail anti-abortion bill

Advisor News

  • How advisors can prepare clients for an uncertain retirement landscape
  • Investors aren’t waiting out uncertainty
  • Transamerica and Advo(k)ate Advisors launch pooled employer plan
  • ‘I wish I’d met him sooner:’ Karlan Tucker remembered for integrity, faith
  • Why women must be more engaged in investing
More Advisor News

Annuity News

  • Jackson Financial CEO caps 40-year career with blockbuster Q2
  • Lumos Insurance introduces the Immediate Care Plan to help families fund long-term care
  • NAIC regulators begin consensus phase on annuity illustration overhaul
  • AM Best Revises Outlooks to Negative for Subsidiaries of Group 1001 Insurance Holdings, LLC
  • Market-value adjusted annuities: Key considerations for advisors
More Annuity News

Health/Employee Benefits News

  • Dream of universal health coverage fadingCalifornia nearly achieved universal healthcare. Now, millions are losing coverage
  • Medi-Cal is changing. Here's what to do if you're worried about coverageMedi-Cal is changing. Here's what to do if you're worried about coverage
  • 1199SEIU, owner of Auburn nursing home agree to new 3-year contract
  • Health insurance trust weighs options to pay Blue Cross
  • Study Findings on Managed Care Are Outlined in Reports from Lewis Katz School of Medicine (Geographic and Program Size Disparities in Medicare Funding for Graduate Medical Education): Managed Care
More Health/Employee Benefits News

Life Insurance News

  • iA Financial Group Reports Second Quarter Results
  • Supporting small businesses starts with smarter benefits conversations
  • Judge again tosses Penn Mutual whole life lawsuit alleging tax scam
  • Declined by a machine? The end of the unexplainable no
  • AM Best Revises Outlooks to Negative for Subsidiaries of Group 1001 Insurance Holdings, LLC
More Life Insurance News

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Press Releases

  • Royal Neighbors Unveils Its 2026 Scholarship Recipients 2026 Royal Neighbors Scholars Making a Difference Across the Country
  • Ibexis Announces Expanded Bank Relationships and New Index Options for FIA Plus® and WealthDefender® Series
  • Agent Review Launches Video AI Identity Verification to Help Protect Insurance Professionals, Consumers and Public Trust
  • Prosperity Life GroupSM Launches Prosperity PathWaySM Series, Bringing Greater Choice and Flexibility to Retirement Income Planning
  • Senior Market Sales® Fortifies Annuity Reach With Acquisition of Retirement Planning Firm Stratton & Company
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Meet our Editorial Staff
  • Advertise
  • Contact
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.
Insurance News | InsuranceNewsNet