The court filing, which goes beyond an earlier administration position, is expected to be an issue in the presidential campaign.
The move came soon after the department broadened its attack on the Affordable Care Act, prompting concern among critics that the Trump administration was usurping congressional power.
A Justice Department motion to invalidate the entire Affordable Care Act gave Democrats an opening to press their health care agenda and move beyond the Mueller report.
The administration had previously said only that the Affordable Care Act’s pre-existing conditions provisions should be struck down, leaving parts like Medicaid expansion intact.
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...
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.
Republican and Democratic states clash in oral arguments over whether the health law is unconstitutional now that Congress has eliminated the tax penalty for not having insurance.
The Justice Department’s challenge of the constitutionality of major parts of the law imperils popular protections for people with pre-existing medical conditions.
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...
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....