(From The Guardian)
The Trump administration said in a court filing late on Thursday that it would no longer defend key parts of the Affordable Care Act, a rare departure from the justice department’s practice of defending federal laws in court.
It said that the requirement that people have health insurance – the individual mandate – was unconstitutional and that the entire law, including provisions that guarantee access to health insurance regardless of any medical conditions, should be struck down as a result.
The decision by the department (DoJ) was announced in a filing in a federal court in Texas, part of a lawsuit brought by Texas and other Republican-led states to strike down the entire law.
The states argue that because Congress recently repealed a provision that people without health insurance must pay a fine, the requirement to have health insurance is unconstitutional because it is no longer considered a tax.
The administration says it agrees with Texas that the so-called individual mandate will be unconstitutional without the fine.