U.S. Justice Department says Obamacare individual mandate unconstitutional

U.S. Justice Department says Obamacare individual mandate unconstitutional

Since Congress repealed the penalty for not having insurance in its tax reform package previous year, much of the rest of the insurance statute becomes unconstitutional in 2019 and must be "struck down", attorneys for the Justice Department said in a court filing Thursday.

Under these provisions of the law, insurance companies can not deny coverage or charge higher rates to people with pre-existing medical conditions.

But in this instance it agrees with the state that the individual mandate and other requirements should be deemed illegitimate as of January 1, 2019.

In a brief filed in a federal court in Texas, the department said a tax law signed previous year by President Donald Trump that eliminated penalties for not having health insurance rendered the so-called individual mandate under Obamacare unconstitutional.

The U.S. Department of Justice announced Thursday it won't defend the Affordable Care Act against a legal challenge of its constitutionality. They say the rest of the law is not able to be separated from the mandate, and therefore should also be overturned.

In many ways, the lawsuit, filed in February, is a replay of the politically divided litigation that ended with the U.S. supreme court upholding the healthcare overhaul in 2012.

They further cast the administration's brief, which was filed in federal court Thursday, as an "attack" on both the rule of law and the stability of the United States' health care system.

The US attorney general, Jeff Sessions, said in a letter to Congress on Thursday that Trump, who campaigned on repealing the law and almost did so his first year in office, approved the legal strategy.

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

The mandate introduced with Obamacare, the popular name for the Affordable Care Act (ACA), was meant to ensure a viable health insurance market by forcing younger and healthier Americans to buy coverage.

"The individual mandate thus still exists, but it will no longer be fairly possible to describe it as a tax because it will no longer generate any revenue", the Justice Department said in its brief on Thursday.

Despite the Justice Department position, the Health and Human Services Department has continued to apply the health law.

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

Related News:

Most liked

Leicester complete deal for West Brom defender Evans
A bid of £18 million - from Manchester City - was also rejected during the summer, while Arsenal had a bid turned down in January. Three-time Premier League champion Evans said: "When this opportunity came up, it's one that I couldn't turn down".

Harvey Weinstein pleads not guilty on the criminal charges against him
The Associated Press does not identify alleged victims of sexual assaults unless they come forward publicly. Weinstein pleaded not guilty Tuesday to rape and criminal sex act charges in NY .

Cut melons linked to salmonella outbreak in Michigan, Indiana
North Carolina has had the most reported cases with 17, followed by Louisiana with 8 and 7 in Michigan, Minnesota and Oklahoma. In rare cases, salmonella infection can cause death when a person is not treated promptly with antibiotics.

Hemsworth & Bridges in First Trailer for 'Bad Times at the El Royale'
Before he gets his hands busy with the comic-book world, he's about to unleash mayhem at the El Royale hotel and he's not alone. Not only that, but this period piece thriller boasts what could be one of the most impressive ensemble casts of the year.

Why the New Halloween Movie Ignores All of the Sequels
As it turned out, the pitch Blumhouse and Carpenter were most impressed with came from David Gordon Green and Danny McBride . Halloween will be directed by David Gordon Green , whose previous works include Stronger and Amazon TV series Red Oaks.

Hilary Duff Is Pregnant, Expecting Baby Girl With Boyfriend Matthew Koma!
The Younger actress, 30, announced the good news that she's expecting her second child and her first with boyfriend Matthew Koma . Later past year , Duff opened up about their romance in a December interview with " The Talk " saying, "It's going so great".

Manafort hit with new charges in Russian Federation probe
Perhaps more important is that an alleged line from the Russian government to the Trump campaign could be getting clearer. The Ukraine first started investigating Kilimnik's supposed ties to Russia's intelligence services in August 2016.

Recreational Marijuana Bill Passes In Canadian Senate
It would follow in the footsteps of Uruguay, which legalized recreational use in 2013, and nine USA states. Prime Minister Justin Trudeau has previously said he hopes to legalize the sale of pot by this summer.

Michigan voters to decide on legalizing recreational pot
It's estimated that recreational marijuana sales could be worth $3.3 billion in Canada by 2027. It would also come with a 10 percent tax, along with a six percent sales tax.

Struggling Poundworld 'set to call in administrators'
The retailer's management are understood to be in talks with other buyers, with founder Chris Edwards said to be among them. The spokesperson for Poundworld said the company was unable to comment on speculation regarding the ongoing sales process.

Ford victory sets Trudeau Liberals on 'collision course' with Ontario: Liberal MP
After three terms on Hamilton council, she jumped to provincial politics in a byelection in 2004, becoming NDP leader in 2009. Voter turnout clocked in at 58 per cent - up from about 51 per cent in the last election in 2014.

Dauphiné stage 3: Sky wins TTT; Kwiatkowski back in yellow
Wednesday's third stage is a 35km team time-trial between Pont-de-Vaux and Louhans-Châteaurenaud and is expected to blow apart the standings.

Secret Obama-era permit let Iran convert funds to dollars
The situation resulted from the fact that Iran had stored billions in Omani rials, a currency that's notoriously hard to convert. Under the terms of the JCPOA, Iran was granted relief from a number of financial sanctions - both USA and worldwide .

China offers to buy $70 billion in US goods
The administration has said that a final list of goods for a first wave of duties will be issued next week, and that U.S. The figure is roughly in line with the previous U.S. demand of narrowing the trade gap by US$200 billion in three years.

Astronauts en route to space station after successful launch
Although the media seems infatuated with private companies like Musk's SpaceX , Americans remain traditionally confident in NASA . Bresnik will share his experiences in space , answer questions, and provide an opportunity to take a photo or get an autograph.