Trump administration calls for Supreme Court to strike down ObamaCare
The Trump administration on Thursday night argued in a legal brief filed to the Supreme Court that the entire Affordable Care Act (ACA) should be invalidated.
The legal filing, while expected, makes official the Trump administration's position in the Supreme Court against the health law months ahead of the election, at a time when Democrats are hammering President Trump over his position on health care.
The brief argues that because the law's requirement to have health insurance was upheld in court as a tax in 2012, and Congress has since repealed the financial penalty for violating that requirement, in 2017, it is no longer a tax and therefore no longer constitutional.
The administration says that because this one provision is invalid, the rest of the law is so intertwined with this provision that the entire law should fall, too.
"The entire ACA thus must fall with the individual mandate, though the scope of relief entered in this case should be limited to provisions shown to injure the plaintiffs," the Department of Justice writes.
https://thehill.com/policy/healthcare/health-insurance/504660-trump-administration-calls-for-supreme-court-to-strike