He said the department only refused to defend the pre-existing conditions provision as well as one forbidding insurers from charging people in the same community different rates based on gender, age, health status or other factors. The court held that Congress was able to offer people a choice: get insurance, or pay a tax.
In a legal filing Thursday night, the Department of Justice said that key parts of Obamacare should be invalidated and that the individual mandate is unconstitutional. "The brief filed by the Trump Administration yesterday represents a shocking break from precedent, and relies on legally dubious, partisan claims to argue against the constitutionality of the current law", they said in a joint statement.
The Trump administration, in a late-Thursday court filing, stated that it would no longer defend provisions of the health care law, known as Obamacare, that require people to have health insurance and guarantee access to health insurance regardless of any medical conditions, the Associated Press reported.More news: The G7 group photo shows the tensions overshadowing the summit
The lawsuit led by Texas Attorney General Ken Paxton, argued an earlier case against the ACA made it clear that tax penalty was an essential component of the law, and when the Supreme Court upheld the ACA the ruling stated "without the tax penalty, the mandate that individuals purchase health insurance was an unconstitutional exercise of federal power". However, if the federal court sides with the plaintiffs, those with pre-existing conditions could once again be denied coverage. "Without access to comprehensive coverage patients will be forced to delay, skip or forgo care".
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.More news: Larry Page’s Kitty Hawk company unveils single-seat flying vehicle
This is not the first move the Trump administration has taken that would undermine Obamacare's consumer protections. If granted, the request would also lead to higher premiums for.
The president past year issued an executive order directing federal agencies to make it easier to buy two alternatives to Affordable Care Act plans.
Both of these types of policies are expected to have lower premiums, but would cover fewer benefits - making them more attractive to healthier Americans who don't need comprehensive coverage.More news: Donald Tusk DISMISSES Trump’s presidency as ‘seasonal turbulence’ ahead of G7 summit