Unbelievable: Trump DOJ Refuses To Defend ACA In Court

Truman on health care

A very old idea that has been blocked by Republicans forever

Pre-existing Conditions Protection Will Be Taken From 130 million Americans.

Do you feel like you are at war? The current government is doing all it can to make your life painful all in the service of giving tax breaks to the wealthy. 

Stunning developments Thursday evening when the US DOJ announced it would not defend the ACA in a court challenge.

Joan McCarter at dailykos.com has a fairly succinct synopsis of the situation:

The Trump administration just demonstrated how far it is willing to go to destroy the Affordable Care Act, and not incidentally, the institutional integrity of the Justice Department with it. On Thursday evening, Jeff Sessions’ Justice Department announced that it will not defend the ACA against the latest ridiculous attack against the law, breaking with the long-standing tradition of the executive branch arguing to uphold existing laws.

After passage of the GOP tax scam at the end of last year, which zeroed out the tax penalty for people who fail to purchase health insurance, 20 states filed suit. They argue that the Supreme Court ruling in NFIB v. Sebelius upholding the constitutionality of the law declared that the individual mandate was a tax and now that the penalty for going without insurance is gone but the requirement to buy insurance is not, the mandate is unconstitutional. They go further, ridiculously, declaring that that means the entire law is unconstitutional, arguing that the consumer protections of the law are invalid. It’s ridiculous. But the Trump administration is going along with it.

In a brief filed in a Texas federal court and an accompanying letter to the House and Senate leaders of both parties, the Justice Department agrees in large part with the 20 Republican-led states that brought the suit. They contend that the ACA provision requiring most Americans to carry health insurance soon will no longer be constitutional and that, as a result, consumer insurance protections under the law will not be valid, either.

It’s unprecedented enough that three of the career lawyers at the department who had been working on the case “abruptly withdrew from the litigation.” This is a much bigger problem than just the threat it poses to the ACA. As University of Michigan law professor Nicholas Bagley, says, “If the Justice Department can just throw in the towel whenever a law is challenged in court, it can effectively pick and choose which laws should remain on the books. That’s not a rule of law I recognize. That’s a rule by whim. And it scares me.” 

Throwing 130 million Americans with pre-existing conditions to the wolves is the latest and most cynical action by Republicans in the administration, in the House, in the Senate and in state legislatures across the country. 

Your health is being sacrificed so billionaires can get tax cuts. Remember that when the huge hospital bill comes. Bankruptcy due to medical bills – which never really went away thanks to Republicans – will once again become a real scourge in this country.

Health care and access to health care are once again at the top of political issues in this country thanks to Republicans at all levels catering to their donor class and special interests.

Don’t forget that the Republican controlled Iowa legislature passed a bill last March that sidestepped the mandate for insurance companies to cover pre-existing conditions. This will go into effect in Iowa July first. Details can be found here  

Thus we see that the Republican at all levels are launching an all out unprecedented attack. Who are they attacking? The citizens of the United States of America! There is no other way to look at it. Republicans in the state legislature, in the national legislature and in executive positions in the state and at the national level have launched a war on your health.

If you think losing pre-existing condition protections will not affect you, just wait a couple of years and it will. Very few escape health issues that the insurance companies refuse to cover. 

This fall when you step into that ballot box you’d better understand that if you vote for a Republican at any level, you are voting to take health care away. Nationally, Republicans are trying to cripple the CHiP program for children by drastically cutting funds. They are trying to take away ACA pre-existing condition protections and they are working to defund and cripple both Medicare and Medicaid.



About Dave Bradley

retired in West Liberty
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