Top House Democrats Demand Answers & Documents From DOJ Following Refusal to Defense ACA
Today,
Last week, the DOJ announced that they would no longer defend critical provisions within the Affordable Care Act. The provisions guarantee coverage for those with pre-existing conditions and prevents insurers from charging higher premiums based on health status. According to reports, three DOJ career attorneys withdrew from the lawsuit before the announcement, with one of them recently resigning from the Department altogether.
In their letter, the Members wrote, "In failing to defend these provisions, the
Full text of the letter is available here (https://democrats-judiciary.house.gov/sites/democrats.judiciary.house.gov/files/documents/6.13.2018%20Letter%20to%20AG%20Sessions.pdf) and below.
The Honorable Jeff Sessions
Attorney General
Dear Attorney General Sessions,
We write to you with serious concerns regarding your refusal to defend key patient protections enacted by the Affordable Care Act (ACA). The provisions at issue in Texas v.
First, you appear to have abandoned a longstanding, bipartisan commitment by the
The
On
We follow the same set of facts you lay out in your letter. In 2012, the
The Department has an obligation to defend the ACA and the vital protections it provides to the 130 million Americans with pre-existing conditions if, in your words, "reasonable arguments" can be made in their defense.[10] For any number of reasonable arguments, we point you to the brief filed by
Second, although there are certainly exceptions to the rule that the
Finally, we note that the Department's new litigating position is so indefensible that, hours before the brief was due, three of the four career attorneys representing the government refused to sign it and removed themselves from the case.[22] Those three attorneys represent decades of experience in the Civil Division. To our knowledge, their last-minute withdrawal is without precedent.
In light of these developments, we request a briefing from the
1. Did the Department solicit or consider any analysis from either the
2. What, if any, "professionally responsible argument[s]" supporting the constitutionality of the ACA did you, any other political appointee, or any career Department employee consider and discard before reaching the conclusion that the ACA is unconstitutional? Please provide copies of any documents or opinions in support of this determination.
3. What was the legal basis for your determination that any "professionally responsible argument[s]" in support of the ACA were "unreasonable?" Please provide copies of any documents or opinions in support of this determination.
4.
5. When did
6. When were the career employees handling the case on behalf of the Department informed of
7. Who informed the career employees of
8. Did any of the career employees raise concerns about the decision not to defend the constitutionality of the ACA? Please provide copies of these communications.
9. Please provide copies of any documents or communications between the
10. Please provide copies of any communications between the Department and the
11. When did you learn that the President planned to nominate
12. Who informed you that the President planned to nominate
13. Did you consult with
14. Are you aware of any communication between
Please provide us with the above information no later than
###
[1] 42 U.S.C. ** 300gg-1, 300gg-3, 300gg-4(a), 300gg-(a)(1), 300gg-4(b).
[2]
[3] Letter from the Hon. Att'y Gen.
[4] Hearing on the Nomination of Sen. Jeff Sessions to be Att'y Gen. before the S. Comm.on the Judiciary, 115th Cong. (
[5] Letter to Ranking Member
[6] Id.
[7] Nat'l Fed'n of Indep. Bus. v. Sebelius,
[8] Pub. L. No. 115-97, * 11081, 131 Stat. 2054, 2092.
[9] Texas v. United States, No. 4: l 8-cv-00167-O (
[10] Notification Letter, supra note 5.
[11] Texas v. United States, No. 4: l 8-cv-00167-O (
[12] Id.
[13] See, e.g., Sissell v.
[14]
[15] See, e.g.,
[16] See, e.g., I.N.S. v. Chadha,
[17] See, e.g.,
[18] See, e.g.,
[19] Statement of the Attorney General on Litigation Involving the Defense of Marriage Act,
[20] See, e.g., Lawrence v. Texas,
[21] Letter from the Hon. Att'y Gen.
[22] Texas v. United States, No. 4: l 8-cv-00167-O (
[23]
[24] White House Press Release, President Donald J. Trump Announces Fifteenth Wave of Judicial Nominees, Fourteenth Wave of
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Top House Democrats Demand Answers & Documents From DOJ Following Refusal to Defend ACA
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