Justice Department Says Crucial Provisions of Health Law Unconstitutional - NBC Southern California
President Donald Trump

President Donald Trump

The latest news on President Donald Trump's presidency

Justice Department Says Crucial Provisions of Health Law Unconstitutional

Shortly before the government's court filing, three career lawyers at the Justice Department withdrew from the case and were replaced by two political appointees

    processing...

    NEWSLETTERS

    Justice Department Says Crucial Provisions of Health Law Unconstitutional
    AP, File
    In this May 18, 2017, file photo, the Healthcare.gov website is seen on a laptop computer in Washington.

    What to Know

    • The Trump administration said in a court filing Thursday it will no longer defend key parts of the Affordable Care Act.

    • The DoJ said the law's individual mandate will be unconstitutional without the penalty provision recently repealed by Congress.

    • Texas and other Republican-led states are suing to strike down the entire law because of that repeal, which takes effect next year.

    The Trump administration said in a court filing late Thursday that it will no longer defend key parts of the Affordable Care Act, including the requirement that people have health insurance and provisions that guarantee access to health insurance regardless of any medical conditions.

    The decision, announced in a filing in a federal court in Texas, is a rare departure from the Justice Department's practice of defending federal laws in court. Texas and other Republican-led states are suing to strike down the entire law because Congress recently repealed a provision that people without health insurance must pay a fine. The repeal takes effect next year.

    Texas says that without the fine in place the requirement to have health insurance is unconstitutional and that the entire law should be struck down as a result.

    The administration said it agrees with Texas that the so-called individual mandate will be unconstitutional without the fine. It also said that provisions shielding people with medical conditions from being denied coverage or charged higher premiums and limiting how much insurers can charge older Americans should fall as well.

    Puerto Rico Gov. Ricardo Rosselló Struggles to Name Supporters

    [NATL] Puerto Rico Gov. Ricardo Rosselló Struggles to Name Supporters

    In a live interview with Fox, he falsely claims that Javier Jiménez, the Mayor of San Sebastián, Puerto Rico, supports his effort to stay in office.

    (Published Tuesday, July 23, 2019)

    But it said the rest of the law, including Medicaid expansion, can remain in place.

    In many ways, the lawsuit, filed in February, is a replay of the politically divided litigation that ended with the Supreme Court upholding the health care overhaul in 2012. In the new suit, California is leading a group of Democrat-led states in defending the law.

    The major difference is that the Justice Department under President Donald Trump has largely switched sides.

    Attorney General Jeff Sessions said in a letter to Congress on Thursday that Trump, who campaigned on repealing the law and nearly did so his first year in office, approved the legal strategy.

    Donald Verrilli Jr., President Barack Obama's top Supreme Court lawyer who defended the law, called the decision "a sad moment."

    "I find it impossible to believe that the many talented lawyers at the department could not come up with any arguments to defend the ACA's insurance market reforms, which have made such a difference to millions of Americans," Verrilli said.

    Footage From 1992 Shows Trump, Epstein at Party

    [NATL] Footage From 1992 Shows Trump, Epstein at Party

    NBC released footage in its archives from 1992 of Donald Trump and Jeffrey Epstein at a party at Trump’s Mar-a-Lago estate. The video shows them laughing and pointing as they appear to talk about women at the event, NBC News reported. Trump has said he knew Epstein, but “was not a fan” and they have not spoken in 15 years.

    (Published Wednesday, July 17, 2019)

    Shortly before the government's court filing, three career lawyers at the Justice Department withdrew from the case and were replaced by two political appointees, according to court filings.

    Timothy Jost, law professor emeritus at Washington and Lee University in Virginia said the Trump administration is trying to persuade the court to do what it was unable to achieve in Congress last year — essentially, repeal key parts of the Obama health law.

    Jost said it's telling that three career Justice Department lawyers refused to support the administration's position.

    "It's just one more part of the story of trying to politicize the Justice Department," said Jost, a supporter of the health law.

    Despite the Justice Department position, the Health and Human Services Department has continued to apply the health law. Indeed, sign-up season for 2018 under the Trump administration resulted in only a slight enrollment drop-off from Obama's last year.

    Insurers are now finalizing their premium requests for 2019, and Jost said the Justice Department filing may prompt jittery carriers to seek higher rates.

    Congress Condemns Trump's 'Go Back' Comments

    [NATL] Congress Condemns Trump's 'Go Back' Comments
    The House of Representatives has passed a resolution that formally condemns President Donald Trump’s so-called racist comments about four Democratic congresswomen of color.
     
    (Published Wednesday, July 17, 2019)

    "The question is, what does this do to insurance markets now?" said Jost.

    __

    Associated Press writer Ricardo Alonso-Zaldivar contributed to this report.