The legal challenge to Matthew Whitaker’s appointment is a trap

On Monday, Senators Richard Blumenthal (D-CT), Sheldon Whitehouse (D-RI), and Mazie Hirono (D-HI), filed a lawsuit alleging that Donald Trump’s appointment of Matthew Whitaker as acting attorney general is unconstitutional.

The lawsuit is fairly likely to prevail — or, at least, a lawsuit of this sort is fairly likely to win five votes on the Supreme Court. It also potentially presents a grave danger to the next Democratic presidency and to the future viability of the en...

Fact Check of the Day: Trump Claims to Protect Pre-Existing Health Conditions. That’s Not What the Government Says.

At a campaign rally in Las Vegas, President Trump said that he and Republicans “will protect patients with pre-existing conditions.” But his Justice Department has said that those provisions under the Affordable Care Act should be overturned.

This 2011 quote from Jeff Sessions just became really awkward

The Trump administration’s Department of Justice will not defend in court the constitutionality of the Affordable Care Act’s consumer protections, including the ban on discrimination against people with pre-existing medical conditions, it announced Thursday. While Attorney General Jeff Sessions is far from the first to opt not to defend a law he deems unconstitutional, many prominent Republicans — including Sessions himself — were highly critical of the practice jus...

Trump promised to protect people with pre-existing conditions. He just abandoned them in court.

The Trump administration told a federal court Thursday evening that it would no longer defend the Affordable Care Act (ACA), arguing that protections for people with pre-existing conditions are unconstitutional.

The Justice Department filed the brief supporting a lawsuit from Texas and 19 other Republican-led states. In their complaint, the states argue the courts must invalidate the entire ACA because Congress zeroed out the individual mandate, the penalty for not having insurance....