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The Biden administration tells the Supreme Court it believes the Affordable Care Act (ACA) – or ObamaCare – is constitutional, a reversal of the position of Trump’s Justice Department.
Judges heard arguments last fall in a case first brought by some Red states challenging the constitutionality of the ACA – and a ruling is pending. But with the change in position, the High Court could delay a decision and order a reorganization of the case.
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The Department of Justice on Wednesday filed a letter “to notify the Court that the United States no longer adhere to the conclusions of the previously filed brief.” The healthcare case was debated a week after the November elections.
The Trump administration has called on judges to repeal the entire Obama-era health law under which some 23 million people get health insurance and millions more with pre-existing health conditions are protected from the discrimination.
The question is whether a 2017 amendment to a provision of the law known as an individual warrant made it unconstitutional. Congress eliminated the penalty for not having health insurance.
The Trump administration has supported the view of Texas and other Republican-led states that if such a large part of the law is invalid, the entire law should fall with it.
In Wednesday’s letter, the Justice Department said the now toothless tenure remains constitutional, but even if the court decides otherwise, the rest of the law should be left out.
This result, rather than abolishing the entire law, seemed likely based on questions and comments from judges in November.
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President Joe Biden has called for strengthening the law and he has already reopened registrations for people who could have lost their jobs and the health insurance that goes with them because of the coronavirus pandemic. He was vice president when the law was enacted in 2010.
This is the third major case pending before the Supreme Court in which Biden has differed from his predecessor. The other two cases concern President Donald Trump’s willingness to build parts of the US-Mexico border wall and a Trump policy forcing people seeking asylum in Mexico to wait for their hearings.
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Biden’s Justice Department last month asked judges to postpone arguments in two immigration cases. Oral arguments had been expected in the coming days, but the High Court agreed to postpone consideration of private challenges to Trump’s executive orders on the use of military funds to build the border wall and to enforce his “stay” policy. in Mexico ”for asylum seekers.
The Associated Press contributed to this report.
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