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“Following the change in administration, the Justice Department has reconsidered the government’s position,” Deputy Solicitor General Edwin Kneedler told the court in a letter on Wednesday. The United States “no longer subscribes to the conclusions” of a brief filed by the Trump administration.
Kneedler said the federal government now maintains that the individual mandate is constitutional, but even if the court disagrees, it should break the mandate and allow the rest of the sprawling law to remain. Such a decision would maintain the status quo, as the sanction associated with the warrant has been reduced to zero.
The case was debated on November 10 and is currently before the judges, with a decision expected by July.
The letter marks one of the most significant reversals the Biden administration has made, but that doesn’t mean the case will go away. He was originally proposed by Republican attorneys general, and the Trump administration later joined.
The challengers argue that the law’s individual mandate is unconstitutional and that all other provisions of the sprawling 900-page law should be included in it. California, joined by other Democratic-led states, as well as the House of Representatives, supports the law and urged judges to leave it in place.
The lawsuit concerns a decision by Congress in 2017 to reduce the penalty for those who lacked insurance to zero as part of the year-end tax overhaul. Critics have rushed to court claiming that the Supreme Court in 2012 upheld the law under the tax authority of Congress, so since the tenure is no longer tied to a specific tax sanction, it has lost its basis. legal.
This story has been updated with additional context.
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